Abdalla v Republic [2025] KEHC 8187 (KLR)

Abdalla v Republic (Criminal Revision E006 of 2025) [2025] KEHC 8187 (KLR) (9 May 2025) (Ruling)

Neutral citation: [2025] KEHC 8187 (KLR)

Republic of Kenya

In the High Court at Garsen

Criminal Revision E006 of 2025

JN Njagi, J

May 9, 2025

Between

Salim Issa Abdalla

Appellant

and

Republic

Respondent

Ruling

1. The applicant has filed an undated Notice of Motion application seeking for review of his sentence on the ground that he has served 7 years of the 20-year sentence imposed on him for the offence of defilement. The application comes after his appeals to the High Court and the Court of Appeal were unsuccessful.

2. The applicant pleads that he is aged 45 years. That he has been a model prisoner during the cause of his imprisonment. That he is of failing health and has been suffering from diabetes, high blood pressure and failing eye sight.

3. The Respondent left the application at the decision of the court.

4. I have considered the sentence review application. The appellant’s appeal was dismissed by the Court of Appeal. There is no basis for this court to review a sentence that has been rejected by the Court of Appeal. The application is thereby dismissed.

DELIVERED, DATED AND SIGNED AT GARSEN THIS 9TH DAY OF MAY 2025. J. N. NJAGIJUDGEIn the presence of:Mr. Oluoch for RespondentApplicant: Present in prison at GK Prison VoiCourt Assistant: Ndonye