Etyang v Republic [2024] KEHC 15104 (KLR)

Etyang v Republic (Criminal Revision E014 of 2023) [2024] KEHC 15104 (KLR) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15104 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E014 of 2023

RE Aburili, J

November 25, 2024

Between

John Etyang

Applicant

and

Republic

Respondent

Ruling

1. The Applicant John Etyang is a convict in Bondo PM Cr. Case No. 729 of 2018. He was sentenced to serve 50 years imprisonment for the offence of robbery with violence contrary to Section 296 (2) of the Penal Code.

2. He appealed vide HCRA 11/2018 which appeal was dismissed. He says that he has no pending appeal because he has not received an acknowledgment of his appeal to the Court of Appeal hence his present application for sentence revision.

3. The convict is lying to this Court because his appeal was consolidated with Siaya HCCRA 9/2018, heard and determined on merit.

4. I have considered the application and the supporting affidavit and I find no jurisdiction in this court to sit on appeal of its own judgment by way of revision of sentence.

5. The application dated 11/7/2023 is found to be devoid of any merit and the same is dismissed.

6. Signal to issue. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH DAY OF NOVEMBER, 2024R.E. ABURILIJUDGE