Mazinge v Republic [2022] KEHC 16228 (KLR)

Mazinge v Republic (Criminal Revision E249 of 2022) [2022] KEHC 16228 (KLR) (8 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16228 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Revision E249 of 2022

JN Onyiego, J

December 8, 2022

Between

Michael Mwandaa Mazinge

Applicant

and

Republic

Respondent

((From original conviction and sentence in Criminal Case No. 823 of 2013 of the Principal Magistrate’s Court at Voi))

Ruling

1. I have considered the application herein dated June 13, 2022 seeking review of the sentence of 20 years imprisonment meted out on October 6, 2016 by Voi Principal Magistrate’s Court for the offence of indecent assault.

2. Dissatisfied with both the conviction and sentence the Appellant appealed to the High Court. The High Court delivered its judgment on June 29, 2017 vide Criminal Appeal Number 55 of 2016 thus dismissing the appeal against conviction and sentence.

3. Having considered oral submissions of the Applicant and further having considered the objection of the state, it is apparent that the Applicant has challenged sentence before and the same was determined on merit.

4. For the Applicant to come back again on similar grounds seeking review of sentence is totally unacceptable and an abuse of the court process. Applicant should have filed an appeal to the Court of Appeal. This court is therefore inclined to dismiss the application herein for lack of merit as it amounts to an abuse of the court process. Right of appeal 14 days.

Dated signed and delivered in open court this 8thday of December, 2022. ...................................HON. J. ONYIEGOJUDGE