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Court of AppealDismissedNot stated in the judgment

Amuno v Republic (Criminal Appeal E002 of 2022) [2025] KECA 1617 (KLR)

Court of Appeal of Kenya
3 October 2025
2,288 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that High Courts can increase lenient sentences during criminal revisions, raising this appellant's two-year term to fifteen years.

What this practically means

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Executive summary

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This Court of Appeal judgment (Kisumu; Asike-Makhandia, H. A. Omondi and P. Nyamweya, JJA) dismissed an appeal against a High Court ruling of 7th April 2021 in Criminal Revision Case No. 005 of 2021 at Siaya. The appellant had been convicted of grievous harm contrary to section 234 of the Penal Code and sentenced to two years' imprisonment. On the DPP's revision application under section 362 of the Criminal Procedure Code, the High Court found the sentence failed to reflect the aggravated nature of the offence - the victim, the appellant's cousin, was cut with a panga and suffered permanent, irreversible injuries including amputation and loss of livelihood - and set aside the two-year term, substituting fifteen years. The appellant faulted the High Court for exceeding its revisional powers under sections 362 and 364 of the CPC, conducting a retrial, breaching fair-hearing rights, receiving new evidence (the victim impact statement introduced from the bar) and irregularly enhancing the sentence. The Court framed a single issue: whether the judge erred in revising the sentence upwards. It held the High Court's supervisory and revisionary jurisdiction under Articles 165(6) and (7) of the Constitution and sections 362 and 364 of the CPC empowered it to enhance a sentence where the trial court's sentence was improper, that hearing parties is discretionary absent prejudice to the accused, and that a victim impact statement is a post-conviction exercise rather than new evidence. Noting the statutory maximum for grievous harm is life imprisonment, the Court found no reason to interfere with the exercise of discretion and dismissed the appeal in its entirety. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the learned judge erred in revising the sentence upwards

Key legal issues

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01

Whether the High Court exceeded its revisional jurisdiction under sections 362 and 364 of the CPC by enhancing the sentence

Holding

It did not. Section 364(1)(a) permits the High Court, in the case of a conviction, to exercise the powers of a court of appeal and enhance the sentence where it is satisfied the original sentence was improper.

Reasoning

The Court restated the supervisory jurisdiction under Articles 165(6) and (7) of the Constitution and sections 362 and 364 of the CPC, under which the High Court may call for and examine the record of subordinate court proceedings to satisfy itself as to correctness, legality or propriety of any sentence, and may enhance it. The trial court failed to consider the aggravating circumstances, including the permanent and irreversible injuries and amputation suffered by the victim. Enhancement to fifteen years, within the statutory maximum of life imprisonment for grievous harm, was a proper exercise of discretion.

p. 5
02

Whether the High Court erred by receiving the victim impact statement and hearing the victim's counsel during the revision

Holding

It did not. Hearing parties in a revision is discretionary, and a victim impact statement is a post-conviction exercise, not new evidence affecting the conviction.

Reasoning

The Court held that the decision whether to hear parties or advocates is discretionary save where the intended orders would prejudice the accused. The victim impact statement was merely an expression by an affected party of how the incident impacted him and a desire for an appropriate sentence; it did not determine the conviction but balanced the victim's position against the convict's mitigation. The Court adopted the Malaysian authority in Public Prosecutor vs. Muhari bin Mohd Jani on the supervisory, discretion-preserving nature of revisionary powers.

p. 4

Legal principles established

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  • The High Court's revisional jurisdiction under sections 362 and 364 of the CPC may only be exercised where the subordinate court's decision is wanting in correctness, legality or propriety; it cannot be used to revise a lawful, legal and regularly issued order.
  • The decision whether or not to hear the parties or their advocates in a revision is discretionary, save where the orders intended to be made will prejudice the accused person.
  • A victim impact statement is a post-conviction exercise and does not constitute new evidence affecting conviction.
  • A sentence must be appropriate, adequate, just and proportionate to the nature and gravity of the crime.

Court orders

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  1. 1.Appeal dismissed in its entirety
  2. 2.The High Court's decision setting aside the two-year sentence and substituting a fifteen-year prison term left undisturbed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
High Court of Kenya at Siaya
Criminal Revision Case No. 005 of 2021
Jurisdiction invoked
Not expressly invoked in the judgment; first appeal to the Court of Appeal against a High Court ruling on revision

Relief refused

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Setting aside of the High Court's enhancement of sentence from two years to fifteen years imprisonment

The High Court, taking into account all the circumstances of the case, had the power to enhance the sentence under section 364(1)(a) of the CPC and there was no reason to interfere with that discretion

p. 5

Costs

No costs order is made in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot is that the appeal lacks merit and is dismissed in its entirety.
p. 5Final orders - dismissal of the appeal
It follows that if no such situation arises, then the High Court cannot purport to exercise those powers therein and revise a lawful, legal and regularly issued order of the trial court.
Limits of the High Court's revisional jurisdiction
A victim impact statement is a post conviction exercise intended to balance the scales between what the afiected says vis a vis what the convicted person states in mitigation.
p. 4Nature of victim impact statements
In the case of a conviction, exercise any of the powers conferred on it as a court of appeal by sections 354, 357 and 358, and may enhance the sentence
p. 3Statutory power to enhance sentence on revision - section 364(1)(a) CPC
The High Court, taking into account all the circumstances of the case, had the power to enhance that sentence as stipulated in Section 364 (1) (a) of the CPC and thus there is no reason to interfere with the discretion.
p. 5Affirmation of the enhanced fifteen-year sentence

Issues in the judgment

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minor

Gender of the judge is described inconsistently: she is referred to as 'the learned judge found' with 'She observed', but later as 'the appellant complains that the learned judge exceeded his mandate'

minor

The judgment does not state the appeal number or neutral citation of the present appeal, nor does it make any costs order

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Amuno v Republic (Criminal Appeal E002 of 2022) [2025] KECA 1617 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1617/eng@2025-10-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.