Emase v State [2024] KEHC 12006 (KLR)

Emase v State (Criminal Revision E044 of 2024) [2024] KEHC 12006 (KLR) (30 September 2024) (Ruling)

Neutral citation: [2024] KEHC 12006 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Criminal Revision E044 of 2024

RPV Wendoh, J

September 30, 2024

Between

Peter Emase

Applicant

and

State

Respondent

Ruling

1. The applicant Peter Emase seeks a Revision of his sentence pursuant to S333 (2) of the CPC.

2. The applicant was convicted for the offence of defilement contrary to section 8(1) as read with Section 8(2) of the SOA.

3. He was sentenced to life imprisonment. The applicant challenged the said sentence and later the matter was sent back to the trial court for resentence. He was sentenced to forty (40) years imprisonment. He then appealed to the High Court and on 5/7/2024 J. Mrima dismissed the appeal and upheld the sentence of forty (40) years. S333(2) CPCprovides that when sentencing, the court should consider the period spent in remand. The applicant was before the High Court on appeal, and he never raised that issue then.

4. He cannot keep coming back to the High Court piecemeal. It is an abuse of court process. If he has any grievances, they must be dealt with at once. The High Court has dealt with his appeal and it is functus officio. If he has any other complaint, he should move the Court of Appeal.The Application for review lacks merit and is hereby dismissed.File closed.

DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:___________ the Appellant.Majale for the State.Court Assistants – Juma/Hellen