[2023] KEHC 27453 (KLR)
The court cannot determine the application for revision of sentence without access to the full record of proceedings in Kakamega High Court Criminal Appeal No. 48 of 2016 or any other relevant proceedings. The absence of such records precludes the court from ascertaining whether the applicant's sentence has...
Source-derived case information.
- Citation
- [2023] KEHC 27453 (KLR)
- Parties
- Applicant: David Waliano Walango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 04 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- Determination of the revision application deferred pending production of relevant records.
- Judges
- SC Chirchir
- Legal Topics
- Revision of Sentence, Robbery With Violence, Appellate Jurisdiction, Review of Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Waliano Walango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant's sentence is eligible for review under criminal revision jurisdiction.
- 2 Whether the High Court has previously reviewed the applicant's sentence in Criminal Appeal No. 48 of 2016.
Ratio Decidendi
The court cannot determine the application for revision of sentence without access to the full record of proceedings in Kakamega High Court Criminal Appeal No. 48 of 2016 or any other relevant proceedings. The absence of such records precludes the court from ascertaining whether the applicant's sentence has previously been reviewed. Therefore, the determination of the revision application is deferred until the necessary records are availed. The Deputy Registrar is directed to provide the relevant case file to enable the court to make an informed decision.
Court Disposition
Determination of the revision application deferred pending production of relevant records.
Orders
- Determination of the revision application is deferred until the record of Kakamega High Court Criminal Appeal No. 48 of 2016 is availed.
- The Deputy Registrar is directed to avail the case file in Kakamega High Court Criminal Appeal No. 48 of 2016.
Full Case Text
Judgment text and source record
21 paragraphs
Walango v Republic (Criminal Revision 04 of 2020) [2023] KEHC 27453 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27453 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision 04 of 2020
SC Chirchir, J
October 12, 2023
Between
David Waliano Walango
Applicant
and
Republic
Respondent
Ruling
1. What is coming up for determination is an Application for Revision of sentence. The Applicant was sentenced to Death by the chief magistrate’s court at Mumias following a conviction on a charge of robbery with violence.
2. On perusal of the record, I have come across a Judgement by Justice Majanja In Kakamega High court Criminal appeal no.48 of 2016, in which the applicant herein had appealed against both the conviction and sentence. Going by the judgment, the Applicant’s conviction was upheld.
3. Whereas both the Applicant and Respondent seem to intimate that the sentence was also reviewed by Justice Majanja, there is no record of proceedings in the High Court, only the judgment. Am not therefore in a position to ascertain whether the Applicant’s sentence has been a subject of review in the past.
4. For me to determine whether the Applicant’s sentence is legible for a review, I would need to have sight of the entire proceedings in High court criminal Appeal No. 48 of 2016 or any other proceedings touching on the Applicant’s review of sentence arising from his conviction.
5. In the circumstances, the determination of this Revision Application is hereby deferred until such a time that the aforesaid record(s) are availed. Further, the Deputy registrar of this court is directed to avail the case file in Kakamega High Court Criminal appeal No. 48 of 2016.
6. A mention date will be given during the delivery of this ruling to confirm compliance with the aforementioned directions.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT KAKAMEGA THIS 12TH DAY OF OCTOBER, 2023. S. CHIRCHIR-JUDGEIn the Presence ofE.Zalo- CAApplicant- presentNo appearance by the Respondent.