Karanja v Republic [2024] KEHC 6347 (KLR)

Karanja v Republic (Criminal Revision 59 of 2024) [2024] KEHC 6347 (KLR) (27 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6347 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 59 of 2024

DR Kavedza, J

May 27, 2024

Between

Josephat Karanja

Applicant

and

Republic

Respondent

Ruling

1. The appellant with another not before this court was charged, and after a full trial convicted for the offence of attempted robbery with violence contrary to section 297(2) of the Penal Code. He was sentenced to serve to death. Being aggrieved, he filed an appeal challenging his conviction and sentence.

2. On 6th May 2020, when the matter came for hearing of the appeal the appellant abandoned his appeal on conviction and opted to challenge the sentence imposed only. After the hearing, this, court partially allowed his appeal to the extent that the time spent in remand custody was subsequently considered.

3. In the instant application, the prayers are similar to those in the appeal which has already been heard and determined. Consequently, this application is dismissed for being 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 27TH DAY OF MAY 2024______________D. KAVEDZAJUDGE