[2019] KEHC 5888 (KLR)
The High Court held that it lacks jurisdiction to review a sentence which it has already heard and determined on appeal. Since the applicant's appeal against sentence had already been dismissed, the application for revision of sentence was incompetent and could not be entertained. The court emphasized the finality...
Source-derived case information.
- Citation
- [2019] KEHC 5888 (KLR)
- Parties
- Applicant: Vitalis Okoth Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 170 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Arson Offence, Sentence Revision, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vitalis Okoth Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review a sentence it has already determined on appeal.
Ratio Decidendi
The High Court held that it lacks jurisdiction to review a sentence which it has already heard and determined on appeal. Since the applicant's appeal against sentence had already been dismissed, the application for revision of sentence was incompetent and could not be entertained. The court emphasized the finality of its appellate jurisdiction in criminal matters once a decision has been rendered on merit.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 170 OF 2018
(CORAM: HON. R.E. ABURILI - J)
VITALIS OKOTH OMONDI....................APPLICANT
VERSUS
REPUBLIC.............................................RESPONDENT
(An Application seeking Revision of Sentence from Judgment delivered on 2/3/2010
vide Ukwala Law Court in Cr. Case 565 of 2016 before Hon. G. Adhiambo, SRM)
RULING
1. On 5/9/2018, the Applicant herein Vitalis Okoth Omondi was convicted and sentenced for being found guilty of the offence of arson contrary to Section 332(1) of the Penal Code.
2. He appealed and the appeal was dismissed on 27/8/2018 in HCRA 27 of 2017, 28 of 2017 and 30 of 2017 (Consolidated). He filed this application for Sentence Review. In the appeal, all the Appellants withdrew the challenge against conviction and only focused on sentence reduction. The Court upheld the sentence imposed.
3. This court has no jurisdiction to review sentence in an appeal which it heard and determined on merit.
4. The Application for Revision of sentence is hereby dismissed and the file is closed. Orders Accordingly.
Dated, signed and Delivered at Siaya, this 11th Day of July 2019.
R.E. ABURILI
JUDGE