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Philip Kipkemoi Maru , the applicant herein was convicted on his own plea of guilty for the offence of stealing Contrary to Section 268 (1) as read with Section 275 of the Penal Code and was thereafter sentenced to serve 12 months imprisonment.
He has now filed the Motion dated 17 th September, 2025 whereof he beseeched this Court to quash the conviction and set aside the sentence in exercise of its supervisory power of supervision under Section 362 of the Criminal Procedure Code.
The Applicant argued that the sentence is manifestly harsh and excessive for a 71 year old who is ailing and weak.
The Applicant sought the service of the Firm of Tengekyon & Koske to file on his behalf the aforesaid application which Application is supported by an affidavit the Applicant swore.
I have carefully considered the grounds set out on the face of the motion and the facts deponed in the Supporting Affidavit.
There is no doubt that the Applicant was entitled to challenge the sentence meted out on Appeal, however, he opted to file an Application for revision instead.
Under Section 364 (5) of the Criminal Procedure Code , this Court is barred from entertaining an Application for revision at the insistence of a party who could have appealed. Section 364 (5) of the Criminal Procedure Code provides that “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 insistence of the party who could have appealed”.
This Court in the circumstances is entitled to strike out the instant Application.
In the end, the instant Revision is improperly and incompetently before this Court. The same is ordered struck out.
Dated, signed and delivered at Kericho this 22 nd day of September, 2025.
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J. K. SERGON
JUDGE
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Philip Kipkemoi Maru , the applicant herein was convicted on his own plea of guilty for the offence of stealing Contrary to Section 268 (1) as read with Section 275 of the Penal Code and was thereafter sentenced to serve 12 months imprisonment.
He has now filed the Motion dated 17 th September, 2025 whereof he beseeched this Court to quash the conviction and set aside the sentence in exercise of its supervisory power of supervision under Section 362 of the Criminal Procedure Code.
The Applicant argued that the sentence is manifestly harsh and excessive for a 71 year old who is ailing and weak.
The Applicant sought the service of the Firm of Tengekyon & Koske to file on his behalf the aforesaid application which Application is supported by an affidavit the Applicant swore.
I have carefully considered the grounds set out on the face of the motion and the facts deponed in the Supporting Affidavit.
There is no doubt that the Applicant was entitled to challenge the sentence meted out on Appeal, however, he opted to file an Application for revision instead.
Under Section 364 (5) of the Criminal Procedure Code , this Court is barred from entertaining an Application for revision at the insistence of a party who could have appealed. Section 364 (5) of the Criminal Procedure Code provides that “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 insistence of the party who could have appealed”.
This Court in the circumstances is entitled to strike out the instant Application.
In the end, the instant Revision is improperly and incompetently before this Court. The same is ordered struck out.
Dated, signed and delivered at Kericho this 22 nd day of September, 2025.
.……………………………
J. K. SERGON
JUDGE
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