Francis Onyango Odweyo v Republic [2021] KEHC 5269 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION E049 OF 2021

FRANCIS ONYANGO ODWEYO.............APPLICANT

VERSUS

REPUBLIC...............................................RESPONDENT

(Application for revision of sentence from the judgment, conviction and

sentence in UKWALA P.M’S COURT NO.73 of 2018 on 21. 5.2018 by Hon.

G. Adhiambo – Senior Resident Magistrate and Ruling in Criminal Revision No.

145 of 2018 at Siaya High Court dated 19. 9.2018 before Hon. Lady Justice R.E. Aburili - Judge)

RULING

1. The applicant Francis Onyango Odweyo was convicted of the offence of grievous harm sentenced to serve 5 years imprisonment on 21. 5.2018.

2. He never appealed. He then filed for sentence Revision vide Siaya High Court Criminal Revision No. 68 of 2020 which application was dismissed on 30. 7.2020. Earlier on, he had filed a similar application vide HCR Revision 145 of 2018 which was dismissed on 19. 9.2018.

3. Again he is before this court seeking for sentence Revision, for the third time. This court having pronounced itself on the same question of sentence Revision has no more jurisdiction to sit on its own appeal.

4. Accordingly, the application for sentence Revision is declined and dismissed.

5. File Closed.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021

R.E. ABURILI

JUDGE