[2023] KEHC 1601 (KLR)
The court found that the applicant had already appealed his conviction and sentence to both the High Court and the Court of Appeal, and both courts had dismissed his appeals, confirming the conviction and sentence. The subsequent filing of two separate applications for revision of the sentence was deemed mischievous...
Source-derived case information.
- Citation
- [2023] KEHC 1601 (KLR)
- Parties
- Applicant: Garison Kamau Waithanje; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E024 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- applications dismissed
- Judges
- MM Kasango
- Legal Topics
- Defilement Offence, Sexual Offences Act, Sentence Revision, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Garison Kamau Waithanje
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to revision of sentence after dismissal of his appeals by the High Court and Court of Appeal.
- 2 Whether the filing of multiple revision applications constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had already appealed his conviction and sentence to both the High Court and the Court of Appeal, and both courts had dismissed his appeals, confirming the conviction and sentence. The subsequent filing of two separate applications for revision of the sentence was deemed mischievous and an abuse of the court process, as the applicant was attempting to relitigate matters that had already been conclusively determined. The court held that it could not entertain revision applications in respect of a sentence that had been confirmed on appeal, and accordingly dismissed both applications.
Court Disposition
applications dismissed
Orders
- Kiambu High Court Criminal Revision no 321 of 2020 and Kiambu High Court Criminal Revision no E024 of 2021 are dismissed.
- The file of Kiambu High Court Criminal Revision no E024 of 2021 is ordered closed.
Full Case Text
Judgment text and source record
23 paragraphs
Waithanje v Republic (Criminal Revision E024 of 2021) [2023] KEHC 1601 (KLR) (10 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1601 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision E024 of 2021
MM Kasango, J
March 10, 2023
Between
Garison Kamau Waithanje
Applicant
and
Republic
Respondent
(A criminal revision from the original conviction and sentence in Chief Magistrate Court at Gatundu (A M Maina, PM) dated August 4, 2016 in criminal Case no 231 of 2015)
Ruling
1. Garison Kamau Waithanje was convicted in Gatundu CM Court Criminal Case no 231 of 2015 with the offence of defilement contrary to section 8(1)(8)(2) of the Sexual Offences Act. He was convicted on August 4, 2016 and was sentenced to life imprisonment.
2. Garison has filed before this court two revision applications to have the court revise his sentence. The two applications before this court are Criminal Revision no 321 of 2020 and Criminal Revision no E024 of 2021.
3. The applications are mischievous and abuse of the court process. I say so because Garison filed an appeal before this court against his conviction and sentence by CM court Gatundu being Kiambu High Court Criminal Appeal no 44 of 2017. This court by its judgment of August 23, 2017 dismissed that appeal against conviction and sentence.
4. Garison appealed before the Court of Appeal being Criminal Appeal no 38 of 2019. The Court of Appeal by the judgment of July, 24, 2020 dismissed Garison’s appeal against conviction and sentence.
5. Garison is abusing this court’s process in filing two separate applications for revision of his sentence which sentence was confirmed by this court and by the Court of Appeal.
Conclusion 6. The Kiambu High Court Criminal Revision no 321 of 2020 and Kiambu High Court Criminal Revision no E024 of 2021 are hereby dismissed for the above reasons.
7. I order the file of Kiambu High Court Criminal Revision no E024 of 2021 be closed.
RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF MARCH, 2023. MARY KASANGOJUDGEIn the presence ofCoram:Court assistant: JuliaGarison Kamau Waithanje:-presentFor DPP:- Mr GachariaCOURTRuling delivered virtually.MARY KASANGOJUDGE