Maganga v Republic [2022] KEHC 14659 (KLR)

Maganga v Republic (Miscellaneous Criminal Application E191 of 2022) [2022] KEHC 14659 (KLR) (18 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14659 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E191 of 2022

A. Ong’injo, J

October 18, 2022

Between

Robert Maganga

Applicant

and

Republic

Respondent

(Justice Ogolla Petition 120 of 2019 )

Ruling

1. Vide Petition No. 120 of 2019, Robert Maganga v Director of Public Prosecution[2021] eKLR, the Appellant made similar application and benefited from the holding in Francis Karioko Muruatetu & Another v Republic (2017) eKLR before the advisory in subsequent holding of the Supreme Court in the same petition. In the trial court, 3 witnesses had testified when on December 9, 2015, the Applicant changed his plea to guilty and he was convicted and sentenced to life imprisonment as provided under Section 8 (2) of the Sexual Offences Act No. 3 of 2006.

2. By No. 120 of 2019, the Applicant sought for review of his sentence from life imprisonment. Justice Ogolla while reviewing the sentence said: -“The issue now is what kind of sentence is adequate to reflect the life sentence imposed on the Petitioner. The Petitioner was 38 years old when he committed the offence. He is now 43 years old. The offence committed was grievious and this court is obligated to send a clear message to would be such offenders that if found guilty they shall be punished. I have considered the mitigating circumstances given by the Petitioner, together with aggravating circumstances pointed out by the prosecution. Having done that I now sentence the Petitioner to serve twenty four (24) years in prison from the date of conviction.”

3. The applicant having petitioned for review of his sentence and having benefitted thereof on January 28, 2021, this court thinks that he cannot be given any more consideration being the revision was done by a court of competent jurisdiction.

4. The only reprieve he may get from this court is an order for the sentence of 24 years to commence from the date he was arraigned in court which was January 6, 2014.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 18TH DAY OF OCTOBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMs. Kambaga for RespondentApplicant present in person