[2024] KEHC 12043 (KLR)
The court held that the applicant, having already appealed to the High Court and obtained a reduction of sentence, was required to raise all grounds—including those relating to the commencement of sentence and time spent in remand—during that appeal. The court found that the applicant's attempt to seek further...
Source-derived case information.
- Citation
- [2024] KEHC 12043 (KLR)
- Parties
- Applicant: Amos Yego; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E034 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- RPV Wendoh
- Legal Topics
- Robbery With Violence, Sentence Review, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Yego
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a further review of sentence under section 333(2) of the Criminal Procedure Code after a prior appeal was determined.
- 2 Whether the application constitutes an abuse of the court process.
Ratio Decidendi
The court held that the applicant, having already appealed to the High Court and obtained a reduction of sentence, was required to raise all grounds—including those relating to the commencement of sentence and time spent in remand—during that appeal. The court found that the applicant's attempt to seek further review on grounds that could have been addressed previously constitutes an abuse of the court process. The only recourse available to the applicant, if still aggrieved, is to move to the Court of Appeal. Consequently, the application for review was dismissed as being without merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Yego v Republic (Criminal Revision E034 of 2024) [2024] KEHC 12043 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEHC 12043 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Revision E034 of 2024
RPV Wendoh, J
September 30, 2024
Between
Amos Yego
Applicant
and
Republic
Respondent
((From Original conviction and sentence in criminal case no. 1139 of 2017 at the SPM’s court))
Ruling
1. This is an application for Review of the sentence pursuant to S333(2) of the CPC. Amos Yego was convicted for the offence of Robbery with violence in CRC no. 1139 of 2017 and sentenced to death. He appealed to the High Court and by the Judgment of J. Sitati dated 25/9/2019 the appeal was allowed on sentence and it was reduced to twenty (20) years imprisonment.
2. Having been before the High Court (J. Sitati) the applicant should have included all his grounds of appeal including the sentence commencing from the date of arrest and including the time spent in remand. The applicant can not keep returning to this court for grounds he could have raised on appeal. It is an abuse of the court process. If the applicant is still aggrieved the only recourse for him is to move the Court of Appeal. For the above reason, the application is without merit and is dismissed.
4File closed
DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:.............. the Appellant.Majale for the State.Court Assistants – Juma/Hellen