Emilio Njeru Nyaga v Republic [2020] KEHC 6979 (KLR)
- Court
- High Court of Kenya
- Case number
- 6979
- Citation
- [2020] KEHC 6979 (KLR)
- Decided
- 7 April 2020
The application for revision of sentence is misconceived, vexatious, and an abuse of the due process of the court. The application is hereby struck out with no orders as to costs.
Facts
The applicant was convicted and sentenced in Embu CM Criminal Case No. 1924 of 2014 for four counts of fraud and forgery. The High Court upheld the convictions and reduced the sentence in count (iii) from 25 years to 10 years. The applicant sought to have his sentence reduced to a non-custodial sentence.
Issues
- Whether the applicant's time in custody should be taken into consideration in the computation of his sentence.
- Whether the applicant's application for revision of sentence is misconceived, vexatious, and an abuse of the due process of the court.
Reasoning
The High Court's revision jurisdiction is limited and cannot be used to reverse or alter an order of acquittal or to make an order prejudicial to the accused person. The applicant's appeal was heard and determined, and he is statutorily barred from seeking revision.
Outcome
Application struck out with no orders as to costs
Orders
- Application for revision of sentence struck out
Authorities cited
Legislation (2)
- Criminal Procedure Code (Cap.75)
- Constitution of Kenya 2010
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