[2019] KEHC 889 (KLR)
The court held that it lacks jurisdiction to revise sentences in robbery with violence cases, as established by law and precedent. The applicant's personal circumstances do not override the statutory bar against sentence revision for such offences. The petition was therefore dismissed for want of merit.
Source-derived case information.
- Citation
- [2019] KEHC 889 (KLR)
- Parties
- Applicant: Yona Otieno Wauna; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 50 of 2019
- Procedural Posture
- Constitutional Petition / Ruling on Petition for Revision of Sentence
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Robbery With Violence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yona Otieno Wauna
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Petition for Revision of Sentence
Legal Issues
- 1 Whether the High Court can revise a sentence in a robbery with violence case.
- 2 Whether the petitioner's circumstances warrant sentence revision.
Ratio Decidendi
The court held that it lacks jurisdiction to revise sentences in robbery with violence cases, as established by law and precedent. The applicant's personal circumstances do not override the statutory bar against sentence revision for such offences. The petition was therefore dismissed for want of merit.
Court Disposition
petition dismissed
Orders
- The petition is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 50 OF 2019
YONA OTIENO WAUNA.........................................APPLICANT
VERSUS
REPUBLIC.............................................................RESPONDENT
(Being an application for revision of sentence in Siaya PCCCR 568 of 2007 dated 14. 12. 2017)
RULING
1. The petitioner also filed Revision Application No.59 of 2019 which was dismissed by this court as sentence revision is not available in robbery with violence cases. I note that the petitioner says that he has not learnt anything in prison. He will not be useful to the society.
2. This petition is declined and dismissed.
3. Filed closed.
Dated, signed and delivered at Siaya this 18th day of November, 2019.
R. E. ABURILI
JUDGE