Kabomi v Republic [2024] KEHC 12708 (KLR)

Kabomi v Republic (Criminal Revision 154 of 2024) [2024] KEHC 12708 (KLR) (23 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12708 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 154 of 2024

DR Kavedza, J

October 23, 2024

Between

John Abuga Kabomi

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and after full trial convicted for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment.

2. Being aggrieved, he filed an application dated 2nd July 2024 seeking revision of sentence. He contends that he is remorseful, he has undergone rehabilitation in prison and that the time served is sufficient.

3. From the record of the court, the applicant filed two similar applications; one in 2023 vide Nairobi High Court Criminal Revision No. E420 of 2021 and the other on 2nd July, 2024 in the High Court of Kenya at Kibera. Both applications were heard and determined and the respective courts gave appropriate orders. In the first instance, the court revised the sentence imposed by the trial court, whereas the second application was dismissed for being an abuse of the court process.

4. Consequently, the instant application is dismissed and deemed to be an abuse of the court process. The applicant is directed not to file a similar application without leave of court.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF OCTOBER 2024. ........................D. KAVEDZAJUDGE