[2018] KEHC 2866 (KLR)
The applicant did not appeal the sentence and does not challenge its correctness, legality, or propriety. The High Court's revisionary jurisdiction under section 362 of the Criminal Procedure Code is limited to correcting illegality, impropriety, or irregularity. Since the applicant's request is based solely on the...
Source-derived case information.
- Citation
- [2018] KEHC 2866 (KLR)
- Parties
- Applicant: Victor Collins Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 105 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- TW Cherere
- Legal Topics
- Manslaughter, Sentence Revision, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Collins Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the High Court should revise the applicant's sentence for manslaughter after he has served 4 years.
- 2 Whether the application meets the threshold for revision under section 362 of the Criminal Procedure Code.
Ratio Decidendi
The applicant did not appeal the sentence and does not challenge its correctness, legality, or propriety. The High Court's revisionary jurisdiction under section 362 of the Criminal Procedure Code is limited to correcting illegality, impropriety, or irregularity. Since the applicant's request is based solely on the period already served and does not allege any error or irregularity in the original sentence, the application does not meet the threshold for revision. The court therefore found no merit in the application and disallowed it.
Court Disposition
application dismissed
Orders
- The application for revision is disallowed.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISUMU
(CORAM: CHERERE-J)
CRIMINAL REVISION NO.105 OF 2018
BETWEEN
VICTOR COLLINS ONYANGO.................................................APPLICANT
AND
REPUBLIC.................................................................................RESPONDENT
(An application for revision of sentence in CriminalCase
No. 422 of 2013 inSenior Principal Magistrate's Court
at Nyandoby Hon. B.M.Kimutai (SRM) on 23. 4.14)
RULING
1. The applicant was on 23. 4.14 sentenced to serve 10 years imprisonment for the offence of manslaughter contrary to section 203 of the Penal Code.
2. This revision is brought by way of the applicant’s application filed on 10. 8.18 in which applicant seeks review of his sentence on the ground that he has already served 4 years.
3. The powers of the High court in revision cases are contained in Section 362 through to 366 of the Criminal Procedure Code (Cap.75). Section 362 specifically provides as follows:-
“362. The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any such subordinate court”.
3. The applicant did not appeal the sentence. He therefore does not challenge the correctness, legality or propriety of the sentence passed by the trial court.
4. Consequently,the application for revision is considered and found to have no merit and it is disallowed.
DATED AND DELIVERED IN KISUMU THIS25thDAY OFOctober2018
T.W. CHERERE
JUDGE
Read in open court in the presence of-
Court Assistant - Felix
Applicant - In Person
For the State - Mr Muia