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|Case Number:||Criminal Revision 51 of 2011|
|Parties:||NEPAD AMUNABI v REPUBLIC|
|Date Delivered:||24 Nov 2011|
|Court:||High Court at Kitale|
|Judge(s):||Stella Munai Muketi|
|Citation:||NEPAD AMUNABI v REPUBLIC  eKLR|
|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|
IN THE HIGH COURT OF KENYA
The applicant seeks to have his sentence reviewed” and gave the following reasons;
The applicant has filed both an application to review his sentence on the basis that his family is suffering. The same is assigned no 51 of 2011.
Revision is ideally supposed to be brought under section 362 of the court. It is when there is. There is no error that is apparent on record.
The prison decongestion process is initiated by the probation department under the community service order regime.
The proceedings in this matter have already been typed and what to be done is for the records to be prepared and an appeal be set down for hearing at the next session.
There are certain distinctive features about revision.
Under section 382 of the C.P.C. revision only lies when 382. Subject to the Provisions hereinbefore contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered on appeal or revision on account of an error, omission or irregularity in the complaint, summons, warrant, charge, proclamation, order, judgment or other proceedings before or during the trial or in any injury or other proceedings under this code, unless the error, omission or irregularity has accessioned a failure of justice:
This application is misplaced and the same is disallowed.
READ, DATED & SIGNED IN THE OPEN COURT THIS 24TH DAY OF NOVEMBER 2011