Kibet v Republic (Miscellaneous Criminal Application E049 of 2022) [2023] KEHC 18160 (KLR) (25 January 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 18160
- Citation
- [2023] KEHC 18160 (KLR)
- Decided
- 25 January 2023
Summary at a glance
TypeMiscellaneous Criminal ApplicationPostureRespondent's appeal out of time request deniedCoramREA OUGO
The court declines to grant the applicant's orders as section 349 of the CPC does not deal with revisions and provides for limitation of time for appeal.
Facts
The applicant, David Kibet, is currently serving a two-year jail term and has applied to have his sentence reviewed.
Issues
- Whether the applicant can seek a review of his sentence under section 349 of the CPC
- Whether the applicant can appeal out of time
Reasoning
Section 349 of the CPC does not address revisions and only sets a limitation on the time for appeal. The applicant cannot seek a review of his sentence under this section.
Outcome
The court denies the applicant's request to review his sentence and to appeal out of time.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…