Erick Kipngetich Yegon v Republic [2021] KEHC 1063 (KLR)
- Court
- High Court of Kenya
- Case number
- 1063
- Citation
- [2021] KEHC 1063 (KLR)
- Decided
- 21 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for review of sentenceCoramR. LAGAT-KORIR
Holding
The court has no power to reconsider the sentence and the applicant's recourse is to the court of appeal
Facts
The applicant Erick Kipngetich Yegon was charged with murder but pleaded guilty to manslaughter. He was sentenced to 7 years' imprisonment.
Issues
- Whether the sentence should be reconsidered due to pre-trial custody time not being considered
- Applicant's recourse for reconsideration
Reasoning
The court ruled that the applicant's grievance should be addressed on appeal before the Court of Appeal, as the court that passed the sentence is functus officio.
Outcome
Application struck out
Orders
- Orders accordingly
Authorities cited
Legislation (2)
- Penal Code
- Criminal Procedure Code
Cases cited (1)
- Moses Otieno Dola V. R, Criminal Revision Case No. 193 of 2019
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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