[2023] KEHC 1615 (KLR)
The court held that since the applicant's conviction and sentence had already been confirmed by both the High Court and the Court of Appeal, the High Court lacked jurisdiction to revise the sentence through subsequent revision applications. The court further found that the filing of multiple revision applications...
Source-derived case information.
- Citation
- [2023] KEHC 1615 (KLR)
- Parties
- Applicant: Garison Kamau Waithanje; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 321 of 2020
- 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 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 conviction and sentence were confirmed by the High Court and Court of Appeal.
- 2 Whether filing multiple revision applications after dismissal of appeals constitutes an abuse of court process.
Ratio Decidendi
The court held that since the applicant's conviction and sentence had already been confirmed by both the High Court and the Court of Appeal, the High Court lacked jurisdiction to revise the sentence through subsequent revision applications. The court further found that the filing of multiple revision applications after the dismissal of appeals was a clear abuse of the court process. Consequently, the applications for revision were dismissed and the file ordered closed.
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 321 of 2020 is ordered closed.
Full Case Text
Judgment text and source record
23 paragraphs
Waithanje v Republic (Criminal Revision 321 of 2020) [2023] KEHC 1615 (KLR) (10 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1615 (KLR)
Republic of Kenya
In the High Court at Kiambu
Criminal Revision 321 of 2020
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 4th August, 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. He was sentenced by the trial court to life imprisonment. It follows that he cannot get remission of sentence as he sought by his two applications.
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 321 of 2020 be closed.
RULING DATED AND DELIVERED AT KIAMBU THIS 10TH DAY OF MARCH, 2023. MARY KASANGOJUDGEIn the presence ofCoram:Garison Kamau Waithanje:- PresentFor DPP:-Mr. GachariaCourtRuling delivered virtually.MARY KASANGOJUDGE