[2017] KEHC 645 (KLR)
The court held that once an appeal has been heard and determined, the same matter cannot be revisited by way of revision. The applicant, having had his appeal dismissed, cannot use the revision process as a substitute for a further appeal. The proper legal avenue available to the applicant is to file an appeal...
Source-derived case information.
- Citation
- [2017] KEHC 645 (KLR)
- Parties
- Appellant: Ronald Kibet Sang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 9 of 2017
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- GO Shikwe
- Legal Topics
- Criminal Revision, Appellate Jurisdiction, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Kibet Sang
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court can entertain a revision application after an appeal on the same matter has been dismissed.
- 2 Whether the applicant has exhausted the proper appellate process.
Ratio Decidendi
The court held that once an appeal has been heard and determined, the same matter cannot be revisited by way of revision. The applicant, having had his appeal dismissed, cannot use the revision process as a substitute for a further appeal. The proper legal avenue available to the applicant is to file an appeal before the Court of Appeal, not to seek revision in the High Court. Accordingly, the application for revision was dismissed.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- A copy of the ruling to be served on the parties.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
CRIMINAL REVISION 9 OF 2017
RONALD KIBET SANG.........................................APPELLANT
-VERSUS-
REPUBLIC............................................................RESPONDENT
Before Muya – J
In chambers
RULING
This is an application for revision under Section 362 and 364 of the Criminal Procedure Code.
Ronal Kibet Sang alias One Race was convicted and sentenced to five years imprisonment for the offence of stealing a motor cycle Contrary to Section 278A of the Penal Code.
He filed an appeal in this court being HCCRA No. 79 of 2015 same was heard and determined on 10/5/2017 and was dismissed. He cannot revisit the same by way of a revision. The best he can do is to file an appeal before the court of appeal.
This application for revision is hereby dismissed.
Ruling read and delivered this 31/10/2017.
To be served with a copy.
M. MUYA
JUDGE
31/10/17