Tole v Republic [2024] KEHC 13529 (KLR) | Sentence Revision | Esheria

Tole v Republic [2024] KEHC 13529 (KLR)

Full Case Text

Tole v Republic (Revision Case E012 of 2024) [2024] KEHC 13529 (KLR) (4 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13529 (KLR)

Republic of Kenya

In the High Court at Voi

Revision Case E012 of 2024

AN Ongeri, J

November 4, 2024

Between

Bryson Mwayama Tole

Applicant

and

Republic

Respondent

Ruling

1. Upon perusing this file, it is apparent that the Applicant has been to the Court of Appeal (COA) and his appeal was dismissed on 23rd June, 2023.

2. The Court of Appeal reduced his sentence to 15 years imprisonment from the date of sentencing.

3. I find that this court does not have the jurisdiction to revise the sentence which has already been reduced to 15 years from 7th September, 2017.

4. The Applicant has already served more than 7 years.

5. This file is referred to the Community Service Order program.

6. Mention on 19th November, 2024 at Manyani Prison.

7. The revision application is accordingly dismissed.

DATED, SIGNED AND DELIVERED THIS 4TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.LADY JUSTICE ASENATH ONGERIJUDGEIn the presence of:-Maina/Trizah – Court AssistantsMr. Sirima for StateThe Applicant present in person