The court has heard and considered the application before it carefully. It is brought by way of revision for reduction of sentence yet the accused could have appealed against the extent and legality of the sentence. This court is prevented from entertaining the application by the provisions of Section 364 (5) of the Criminal Procedure Code with states:
“When an appeal lies from a finding, sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.”
In the premises this application (Notice of Motion) dated 27th March 2026 is dismissed.
Case closed.
It is so ordered.
Ruling signed, dated and delivered virtually on this 19th day of May, 2026.
IN THE PRESENCE OF:
Applicant in person
No appearance for the State/Respondent
Wambua - Court Assistant/Interpreter
“When an appeal lies from a finding, sentence or order, and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.”
In the premises this application (Notice of Motion) dated 27th March 2026 is dismissed.
Case closed.
It is so ordered.
Ruling signed, dated and delivered virtually on this 19th day of May, 2026.
IN THE PRESENCE OF:
Applicant in person
No appearance for the State/Respondent
Wambua - Court Assistant/Interpreter