Damaris Yusuf v Republic [2014] KEHC 4401 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL REVISION CASE NO. 4 OF 2014

(REVISION ARISING FROM THE SENTENCE OF HON. G. KIAGE (RM)

VIDE  BOMET P.M CRIMINAL CASE NO.527 OF 2014 ON 12TH MAY 2014)

DAMARIS YUSUF          -        APPLICANT

VERSUS

REPUBLIC               -        RESPONDENT

RULING

Pursuant to the application dated 26th May 2014, Damaris Yusuf, through her advocates, M/S Tengekyon & Co. Advocates, beseeched this court to exercise its supervisory power of revision to set aside the order on sentence.  Under Section 364(5) of the Criminal Procedure Code, this court is not allowed to entertain any revision at the insistence of the Applicant who has a right of appeal.  The applicant has raised in her application for revision grounds which can be urged on appeal.

Damaris Yusuf through her advocates, has prompted this court to exercise its supervisory power of revision instead of preferring an appeal or instead of using other people who have no interest in the matter to move the court to exercise its power of revision.  I find the revision to be incompetently before this court.  It is hereby ordered struck out.

Dated, signed and delivered this 6th day of June 2014

J. K. SERGON

JUDGE

In Chambers in the absence of the parties.