[2024] KEHC 15419 (KLR)
The court held that since the applicant has a pending appeal before the Court of Appeal, it is not proper for the High Court to entertain a fresh application for revision of sentence on the same grounds previously dismissed. Entertaining such an application would amount to an abuse of the court process. The...
Source-derived case information.
- Citation
- [2024] KEHC 15419 (KLR)
- Parties
- Applicant: Erantus Wanyonyi Wanyama; Respondent: State
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E004 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Application for Sentence Revision
- Outcome
- application dismissed as an abuse of court process
- Judges
- RPV Wendoh
- Legal Topics
- Sentence Revision, Abuse of Process, Pending Appeal, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erantus Wanyonyi Wanyama
Applicant
State
Respondent
Procedural Posture
Criminal Petition / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court can entertain a sentence revision application when an appeal is pending before the Court of Appeal.
- 2 Whether the application for revision constitutes an abuse of the court process.
Ratio Decidendi
The court held that since the applicant has a pending appeal before the Court of Appeal, it is not proper for the High Court to entertain a fresh application for revision of sentence on the same grounds previously dismissed. Entertaining such an application would amount to an abuse of the court process. The applicant should pursue his pending appeal in the appropriate appellate forum rather than seeking duplicative remedies in the High Court.
Court Disposition
application dismissed as an abuse of court process
Orders
- The application for revision of sentence is dismissed.
- The applicant is advised to pursue his pending appeal before the Court of Appeal.
Full Case Text
Judgment text and source record
19 paragraphs
Wanyama v State (Criminal Petition E004 of 2023) [2024] KEHC 15419 (KLR) (19 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15419 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Petition E004 of 2023
RPV Wendoh, J
November 19, 2024
Between
Erantus Wanyonyi Wanyama
Applicant
and
State
Respondent
Ruling
1. The Applicant Erantus Wanyonyi Wanyama, filed this application dated 29/8/2023 seeking revision of his sentence under section 233(2) of the CPC.
2. The prosecution counsel Mr. Majale opposed the application and submitted that the Applicant’s appeal was dismissed by this court and he has a pending appeal in the Court of Appeal which he should pursue.
3. The Applicant admitted that he raised the issue of revising his sentence before J. Mrima but the Judge dismissed it. He cannot therefore come back to this court with the same application for review.
4. The Applicant has a pending Appeal before the Court of Appeal which he should pursue. This application is an abuse of the court process and is hereby dismissed.
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOHJUDGERuling delivered in open Court and in the presence of:State Counsel: Mr. MajaleCourt Assistant: Juma/HellenAppellant: Virtual