[2020] KEHC 4610 (KLR)
The court held that once an appeal against conviction and sentence has been heard and determined by the High Court, the court lacks jurisdiction to entertain an application for revision of the sentence arising from the same conviction. The applicant had already appealed the conviction and sentence, and the appeal...
Source-derived case information.
- Citation
- [2020] KEHC 4610 (KLR)
- Parties
- Applicant: Paul Wachira Ndiritu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 112 of 2020
- Procedural Posture
- Criminal Revision / Order on Revision
- Outcome
- Application for revision of sentence struck out as misconceived.
- Legal Topics
- Criminal Revision, Appellate Jurisdiction, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Wachira Ndiritu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Order on Revision
Legal Issues
- 1 Whether the High Court has jurisdiction to revise a sentence after dismissal of an appeal against conviction and sentence.
- 2 Whether revision of sentence is available where an appeal has already been determined.
Ratio Decidendi
The court held that once an appeal against conviction and sentence has been heard and determined by the High Court, the court lacks jurisdiction to entertain an application for revision of the sentence arising from the same conviction. The applicant had already appealed the conviction and sentence, and the appeal was dismissed. Therefore, the application for revision was misconceived and could not be entertained under Sections 362 and 364 of the Criminal Procedure Code. The court emphasized that it cannot review its own decision made in exercise of its appellate jurisdiction.
Court Disposition
Application for revision of sentence struck out as misconceived.
Orders
- The application for revision of sentence is struck out.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NANYUKI
CRIMINAL REVISION NO.112 OF 2020
PAUL WACHIRA NDIRITU...................................................................APPLICANT
VERSUS
REPUBLIC............................................................................................RESPONDENT
(Revision of the Original conviction and Sentencein Nanyuki Criminal Case No.937 of 2012 – E. Bett - SRM)
30. 06. 2020
Before Justice H P G Waweru
In Chambers
ORDER ON REVISION
I have seen herein the applicant’s request for revision of sentence under Sections 362 and 364 of the Criminal Procedure Code, Cap 75.
I have also perused Nanyuki HC Criminal Appeal No.81 of 2016 in which this same applicant appealed against the conviction and sentence that he got in Nanyuki CM Criminal Case No.937 of 2012. That appeal was dismissed in its entirety in a judgment dated and delivered on 29/09/2017 (Kasango,J). The applicant then filed a notice of appeal to the court of appeal at Nyeri.
In these circumstances revision of sentence is not available to the applicant. This court has no power to review its own decision made in exercise of it criminal appellate jurisdiction.
The application or revision of sentence is thus misconceived and is hereby struck out. It is so ordered.
Dated at Nanyuki this 30th day of June 2020.
H.P.G. WAWERU
JUDGE.
DEPUTY REGISTRAR
NANYUKI HIGH COURT