Manyonge v Republic [2024] KEHC 5484 (KLR)

Manyonge v Republic (Criminal Revision 74 of 2023) [2024] KEHC 5484 (KLR) (22 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5484 (KLR)

Republic of Kenya

In the High Court at Kibera

Criminal Revision 74 of 2023

DR Kavedza & DR Kavedza, JJ

May 22, 2024

Between

Jane Nambuye Manyonge

Applicant

and

Republic

Respondent

Ruling

1. The applicant was charged and convicted for the offence of murder contrary to section 203 as read with 204 of the Penal Code. She was sentenced to death by this Court. On appeal, to the Court of Appeal, her sentence was reduced to 20 years imprisonment. Being aggrieved, the applicant has filed the present application seeking revision of sentence.

2. The grounds raised are that since her incarceration, she has undergone rehabilitation. She is remorseful. She urged the court to consider her mitigation. In addition, the time spent in custody is adequate incarceration.

3. I have considered the application, the affidavit in support and the applicable law. From the record, I note that the matter was already handled by the Court of Appeal. If this court ventures into handling the application on its merits would be tantamount to a disregard for the hierarchy of courts. This court has no jurisdiction to supervise a superior court.

4. As noted above, this court has already discharged its duty and became functus officio. I do not understand why the applicant having exhausted his avenues of appeal has come back to this court unless he is intent on abusing the court process.

5. As a result, the application is dismissed. The applicant is directed not to file a similar application unless with the leave of court.

Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 22ND DAY OF MAY 2024_______________D. KAVEDZAJUDGE