[2024] KEHC 13529 (KLR)
The High Court found that it does not have jurisdiction to revise a sentence that has already been reviewed and reduced by the Court of Appeal. Since the applicant's sentence was reduced to 15 years by the Court of Appeal on 23rd June, 2023, and the applicant has already served more than 7 years, the High Court...
Source-derived case information.
- Citation
- [2024] KEHC 13529 (KLR)
- Parties
- Applicant: Bryson Mwayama Tole; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Revision Case E012 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- AN Ongeri
- Legal Topics
- Sentence Revision, Jurisdiction of High Court, Community Service Order, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bryson Mwayama Tole
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Does the High Court have jurisdiction to revise a sentence already reduced by the Court of Appeal?.
- 2 Is the applicant entitled to further reduction or alteration of his sentence after the Court of Appeal's decision?.
- 3 Should the applicant's case be referred to the Community Service Order program?.
Ratio Decidendi
The High Court found that it does not have jurisdiction to revise a sentence that has already been reviewed and reduced by the Court of Appeal. Since the applicant's sentence was reduced to 15 years by the Court of Appeal on 23rd June, 2023, and the applicant has already served more than 7 years, the High Court cannot entertain a further revision. The court, therefore, dismissed the revision application and referred the file to the Community Service Order program for consideration, with a mention date set for further directions.
Court Disposition
application dismissed
Orders
- The revision application is dismissed.
- This file is referred to the Community Service Order program.
Full Case Text
Judgment text and source record
22 paragraphs
Tole v Republic (Revision Case E012 of 2024) [2024] KEHC 13529 (KLR) (4 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13529 (KLR)
Republic of Kenya
In the High Court at Voi
Revision Case E012 of 2024
AN Ongeri, J
November 4, 2024
Between
Bryson Mwayama Tole
Applicant
and
Republic
Respondent
Ruling
1. Upon perusing this file, it is apparent that the Applicant has been to the Court of Appeal (COA) and his appeal was dismissed on 23rd June, 2023.
2. The Court of Appeal reduced his sentence to 15 years imprisonment from the date of sentencing.
3. I find that this court does not have the jurisdiction to revise the sentence which has already been reduced to 15 years from 7th September, 2017.
4. The Applicant has already served more than 7 years.
5. This file is referred to the Community Service Order program.
6. Mention on 19th November, 2024 at Manyani Prison.
7. The revision application is accordingly dismissed.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.LADY JUSTICE ASENATH ONGERIJUDGEIn the presence of:-Maina/Trizah – Court AssistantsMr. Sirima for StateThe Applicant present in person