Case Metadata |
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| Case Number: | Miscellaneous Criminal Application 8 of 2020 |
|---|---|
| Parties: | Peter Obare Amara v Republic |
| Date Delivered: | 18 Feb 2020 |
| Case Class: | Criminal |
| Court: | High Court at Siaya |
| Case Action: | Judgment |
| Judge(s): | Roselyne Ekirapa Aburili |
| Citation: | Peter Obare Amara v Republic [2020] eKLR |
| Advocates: | Peter Obare Amara, Applicant Mr. Okachi, Senior Principal Prosecution Counsel for Respondent |
| Case History: | (Being an Application for Revision of Sentence in High Court Criminal Appeal No. 115 of 2016 and originally from PM’s court, Siaya vide Criminal Case No. 320 of 2015) |
| Court Division: | Criminal |
| County: | Siaya |
| Advocates: | Peter Obare Amara, Applicant Mr. Okachi, Senior Principal Prosecution Counsel for Respondent |
| History Docket No: | Criminal Appeal No. 115 of 2016 |
| History Advocates: | Both Parties Represented |
| History County: | Siaya |
| Case Outcome: | Application dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 8 OF 2020
(CORAM: R. E. ABURILI - J.)
PETER OBARE AMARA...........................................................APPLICANT
VERSUS
REPUBLIC...............................................................................RESPONDENT
(Being an Application for Revision of Sentence in High Court Criminal Appeal No. 115 of 2016 and originally from PM’s court, Siaya vide Criminal Case No. 320 of 2015)
JUDGMENT
1. The applicant was convicted for the offence of defilement of a child under section 8(3) of the Sexual Offences Act No. 3 of 2006 and sentenced to serve twenty years imprisonment vide Siaya vide Criminal Case No. 320 of 2015 he appealed to this court vide High Court Criminal Appeal No. 115 of 2016 and Hon. Makau J dismissed his appeal. He never challenged the judgment of this court which still stands. He now applies to this court for revision of his sentence. That being the case, this court has no jurisdiction to review its own judgment delivered on appeal by Hon. J.A. Makau as the Judge is of concurrent jurisdiction.
2. This Application is dismissed and this file is hereby closed.
3. Orders accordingly.
Dated, signed and delivered at Siaya, this 18th day of February, 2020
R.E. ABURILI
JUDGE
In the presence of:
Peter Obare Amara, Applicant
Mr. Okachi, Senior Principal Prosecution Counsel for Respondent
Court Assistants: Brenda Achieng and Modestar Mutiemani
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