Kageliza v Republic [2024] KEHC 13830 (KLR)

Kageliza v Republic (Revision Case E094 of 2024) [2024] KEHC 13830 (KLR) (6 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13830 (KLR)

Republic of Kenya

In the High Court at Voi

Revision Case E094 of 2024

AN Ongeri, J

November 6, 2024

Between

Christagel Kageliza

Applicant

and

Republic

Respondent

Ruling

1. The Applicant CHRISTAGEL KAGELIZA was sentenced to an aggregate of seven years imprisonment for the offences of Burglary contrary to Section 304 (2) of the Penal code, Stealing from a dwelling house contrary to Section 279 (b) of the Penal Code, handling suspected stolen goods contrary to Section 322(1) and (2) of the Penal Code and having suspected stolen property contrary to Section 323 of the Penal Code.

2. The sentences were meted on 22nd August 2023.

3. The Applicant did not prefer an appeal but she has filed the current application for revision of the sentences.

4. The remedy of revision is not available where an appeal lies from a finding, sentence or order of the court.

5. I find that the Applicant was convicted with serious offences and an appeal lies from the said convictions.

6. I find that the current case is not suitable for revision and I dismiss the revision application.

7. The Applicant is at liberty to seek leave to appeal out of time.

DATED, SIGNED AND DELIVERED THIS 6TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Maina – Court AssistantProsecutor: Mr. SirimaThe Applicant present at Wundanyi Prison virtually