Ekitela v Republic [2024] KEHC 14410 (KLR)

Ekitela v Republic (Miscellaneous Criminal Application E022 of 2024) [2024] KEHC 14410 (KLR) (19 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14410 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Miscellaneous Criminal Application E022 of 2024

RPV Wendoh, J

November 19, 2024

Between

John Ekai Ekitela

Applicant

and

Republic

Respondent

Ruling

1. By the Notice of Motion dated 6/8/2024, the Applicant John Ekai Ekitela sought a review of his sentence. He was charged with the offence of murder and he was sentenced to life imprisonment, and he appealed to the Court of Appeal vide Criminal Appeal 17/2016 but it was dismissed.

2. Mr. Majale, the Prosecution counsel, opposed the application on grounds that it is misplaced.

3. The Appellant having been sentenced by this court and his appeal dismissed by the Court of Appeal, if he is still aggrieved, he should move to Supreme Court. He cannot come back down to this court.

4. This application is an abuse of court process and is hereby dismissed.

DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOHJUDGERuling delivered in open Court and in the presence of:State Counsel: Mr. MajaleCourt Assistant: Juma/HellenAppellant: Virtual