Walango v Republic [2023] KEHC 27453 (KLR) | Revision Of Sentence | Esheria

Walango v Republic [2023] KEHC 27453 (KLR)

Full Case Text

Walango v Republic (Criminal Revision 04 of 2020) [2023] KEHC 27453 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27453 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Revision 04 of 2020

SC Chirchir, J

October 12, 2023

Between

David Waliano Walango

Applicant

and

Republic

Respondent

Ruling

1. What is coming up for determination is an Application for Revision of sentence. The Applicant was sentenced to Death by the chief magistrate’s court at Mumias following a conviction on a charge of robbery with violence.

2. On perusal of the record, I have come across a Judgement by Justice Majanja In Kakamega High court Criminal appeal no.48 of 2016, in which the applicant herein had appealed against both the conviction and sentence. Going by the judgment, the Applicant’s conviction was upheld.

3. Whereas both the Applicant and Respondent seem to intimate that the sentence was also reviewed by Justice Majanja, there is no record of proceedings in the High Court, only the judgment. Am not therefore in a position to ascertain whether the Applicant’s sentence has been a subject of review in the past.

4. For me to determine whether the Applicant’s sentence is legible for a review, I would need to have sight of the entire proceedings in High court criminal Appeal No. 48 of 2016 or any other proceedings touching on the Applicant’s review of sentence arising from his conviction.

5. In the circumstances, the determination of this Revision Application is hereby deferred until such a time that the aforesaid record(s) are availed. Further, the Deputy registrar of this court is directed to avail the case file in Kakamega High Court Criminal appeal No. 48 of 2016.

6. A mention date will be given during the delivery of this ruling to confirm compliance with the aforementioned directions.

DATED, SIGNED, AND DELIVERED VIRTUALLY AT KAKAMEGA THIS 12TH DAY OF OCTOBER, 2023. S. CHIRCHIR-JUDGEIn the Presence ofE.Zalo- CAApplicant- presentNo appearance by the Respondent.