[2024] KEHC 14423 (KLR)
The High Court declined to entertain the application for revision of sentence because the applicant had previously raised the same issue before another judge, who dismissed it, and because there is a pending appeal before the Court of Appeal. Entertaining the application would amount to an abuse of the court process...
Source-derived case information.
- Citation
- [2024] KEHC 14423 (KLR)
- Parties
- Appellant: Erantus Wanyonyi Wanyama; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E004 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed as abuse of court process
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Revision, Abuse of Process, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erantus Wanyonyi Wanyama
Appellant
State
Respondent
Procedural Posture
Criminal Petition / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court can revise the applicant's sentence under section 233(2) of the Criminal Procedure Code when an appeal is pending before the Court of Appeal.
- 2 Whether the application for revision constitutes an abuse of the court process.
Ratio Decidendi
The High Court declined to entertain the application for revision of sentence because the applicant had previously raised the same issue before another judge, who dismissed it, and because there is a pending appeal before the Court of Appeal. Entertaining the application would amount to an abuse of the court process and violate the principle that a matter already determined or pending before a higher court should not be relitigated in the same forum. The court emphasized that the applicant should pursue his pending appeal in the Court of Appeal rather than seek duplicative relief in the High Court.
Court Disposition
application dismissed as abuse of court process
Orders
- The application for revision of sentence is dismissed.
- The applicant is directed to pursue his pending appeal before the Court of Appeal.
Full Case Text
Judgment text and source record
19 paragraphs
State v Wanyama (Criminal Petition E004 of 2023) [2024] KEHC 14423 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14423 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Petition E004 of 2023
RPV Wendoh, J
November 19, 2024
Between
State
Respondent
and
Erantus Wanyonyi Wanyama
Appellant
Ruling
1. The Applicant Erantus Wanyonyi Wanyama, filed this application dated 29/8/2023 seeking revision of his sentence under section 233(2) of the CPC.
2. The prosecution counsel Mr. Majale opposed the application and submitted that the Applicant’s appeal was dismissed by this court and he has a pending appeal in the Court of Appeal which he should pursue.
3. The Applicant admitted that he raised the issue of revising his sentence before J. Mrima but the Judge dismissed it. He cannot therefore come back to this court with the same application for review.
4. The Applicant has a pending Appeal before the Court of Appeal which he should pursue. This application is an abuse of the court process and is hereby dismissed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOHJUDGERuling delivered in open Court and in the presence of:State Counsel: Mr. MajaleCourt Assistant: Juma/HellenAppellant: Virtual