[2021] KEHC 5166 (KLR)
The High Court held that it lacks jurisdiction to review or revise the sentence after the applicant's appeal was dismissed by a court of concurrent jurisdiction. Once an appeal has been determined by a competent appellate court, the matter is finalized and cannot be reopened through revision proceedings. The...
Source-derived case information.
- Citation
- [2021] KEHC 5166 (KLR)
- Parties
- Applicant: Stephen Otieno Oucho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E043 of 2021
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson, Malicious Damage to Property, Criminal Sentencing, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Oucho
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to review the sentence after an appeal has been determined by a court of concurrent jurisdiction.
- 2 Whether the application for revision of sentence is merited.
Ratio Decidendi
The High Court held that it lacks jurisdiction to review or revise the sentence after the applicant's appeal was dismissed by a court of concurrent jurisdiction. Once an appeal has been determined by a competent appellate court, the matter is finalized and cannot be reopened through revision proceedings. The application for revision was therefore found to be devoid of merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION E043 OF 2021
STEPHEN OTIENO OUCHO……………………………………..APPLICANT
VERSUS
REPUBLIC ……………………………………………….……...RESPONDENT
(Revision Application from the judgment, conviction and sentence in Bondo PM Cr. Case 966 of 2018 by Hon. E.N.Wasike, SRM Bondo, Siaya HCCRA No. 37 of 2018, by Hon. F.A.Ochieng J. on 26/1/2021)
RULING
1. The ConvictStephen Otieno Ouchowas convicted of theoffences of Arson contrary to section 332 of the Penal Code and Malicious damage contrary to Section 339(1) of the Penal Code.He was together with his other co-accused person, sentenced to a fine of KShs.100,000/= in default to serve 3 years imprisonment in Count 1 and in Count II, to a fine of KShs.50,000/= in default to serve 3 years imprisonment.
2. He appealed vide Kisumu High Court Criminal Appeal number 12 of 2019 which appeal as per judgment of Hon. Justice F. A. Ochieng -J., was dismissed on 26. 1.2021.
3. This court has no jurisdiction to review the sentence further after the appeal was determined by a concurrent court of competent jurisdiction. The application is devoid of merit. The same is hereby dismissed.
4. Filed Closed.
5. Orders accordingly.
Dated, Signed and Delivered at Siaya this 30th day of June, 2021
R.E. ABURILI
JUDGE