[2012] KEHC 4752 (KLR)
The court found that the applicant was properly convicted and sentenced after a full trial, and that the proceedings in the lower court were regular, legal, and proper. The applicant had the opportunity to appeal the conviction and sentence but chose instead to seek revision on medical grounds. Section 364(5) of the...
Source-derived case information.
- Citation
- [2012] KEHC 4752 (KLR)
- Parties
- Applicant: Reuben Anzetse Nandwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 198 of 2011
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- application dismissed
- Legal Topics
- Grievous Harm, Sentence Revision, Criminal Procedure, Medical Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Reuben Anzetse Nandwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the applicant is entitled to sentence revision on medical grounds.
- 2 Whether the trial court proceedings and sentence were regular, legal, and proper.
- 3 Whether revision is available where an appeal lies but was not filed.
Ratio Decidendi
The court found that the applicant was properly convicted and sentenced after a full trial, and that the proceedings in the lower court were regular, legal, and proper. The applicant had the opportunity to appeal the conviction and sentence but chose instead to seek revision on medical grounds. Section 364(5) of the Criminal Procedure Code expressly bars revision proceedings at the instance of a party who could have appealed but did not. The court therefore held that it could not entertain the application for revision, as the applicant had an alternative remedy by way of appeal which he failed to pursue.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CRIMINAL REVISION NO. 198 OF 2011
REUBEN ANZETSE NANDWA........……APPLICANT
VERSUS
REPUBLIC……………………..……..RESPONDENT
RULING ON REVISION
The Applicant, REUBEN ANZETSE NANDWA was charged with the offence of grievous harm contrary to Section 234 of the Penal Code.
The particulars of the offence are that on the 18th day of February, 2010 at Shibale market, Nucleus Sub-location, Nabongo Location in Mumias District within Western Province, jointly with another not before court, unlawfully did grievious harm to SAMMY BIRGEN.
The Applicant pleaded not guilty. After a full trial, the applicant was found guilty, convicted and sentenced to serve two (2) years imprisonment.
In a letter dated 30. 3.11 addressed to the Deputy Registrar, the applicant applied for “sentence revision on medical grounds.”
I have perused the record of the lower court. I am satisfied as to the correctness, legality and propriety of the finding arrived at by the trial magistrate. I am also satisfied as to the regularity of the proceedings.
The applicant has annexed medical records for the year 2010. The conviction and sentence before the lower court is dated 24. 2.11. The applicant was afforded an opportunity to present his mitigation by the trial magistrate which he did.
Under Section 364 (5) of the C.P.C., “when an appeal lies from a finding, a sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained as the insistence of the party who could have appealed.”
Consequently, the application is dismissed.
Dated this 8th day of March, 2012
B. THURANIRA JADEN
J U D G E