[2021] KEHC 5415 (KLR)
The High Court at Siaya lacks supervisory jurisdiction over the Narok Principal Magistrate Court. As such, it cannot entertain or grant the application for revision of sentence. The application is therefore dismissed for want of jurisdiction.
Source-derived case information.
- Citation
- [2021] KEHC 5415 (KLR)
- Parties
- Applicant: Stephen Odhiambo Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E080 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision of sentence dismissed for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Revision of Sentence, Jurisdiction, Possession of Stolen Property, Possession of Firearm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Odhiambo Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court at Siaya has supervisory jurisdiction to revise the sentence imposed by the Narok Principal Magistrate Court.
- 2 Whether the applicant is entitled to a revision of sentence.
Ratio Decidendi
The High Court at Siaya lacks supervisory jurisdiction over the Narok Principal Magistrate Court. As such, it cannot entertain or grant the application for revision of sentence. The application is therefore dismissed for want of jurisdiction.
Court Disposition
Application for revision of sentence dismissed for want of jurisdiction.
Orders
- The request for revision of sentence is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. E080 OF 2021
CORAM: R.E. ABURILI, J
STEPHEN ODHIAMBO OMONDI...APPLICANT
VERSUS
REPUBLIC.....................................RESPONDENT
(Being an Application for Revision of sentence against sentence in Narok Principal Magistrate Court’s Criminal Case No. 110 of 2020 on 13/1/2021 by Hon.Sisenda)
RULING
1. The convict Stephen Odhiambo Omondi was convicted by a Narok Court for being in possession of suspected stolen property and being in possession of a firearm, by Hon. Sisenala on 13/1/2021.
2. He is aged 24 years old and serving prison term in Kericho.
3. The court that convicted the offender is not within the supervisory jurisdiction of this court.
4. Accordingly, I decline the request for revision of sentence and dismiss it.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE