Mbuba v Republic [2024] KEHC 13028 (KLR)

Mbuba v Republic (Criminal Petition E010 of 2023) [2024] KEHC 13028 (KLR) (25 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13028 (KLR)

Republic of Kenya

In the High Court at Nyeri

Criminal Petition E010 of 2023

MA Odero, J

October 25, 2024

Between

Jefferson Muriithi Mbuba

Petitioner

and

Republic

Respondent

Ruling

1. The Applicant herein Jefferson Muriithi Mbuba filed an application seeking review of the sentence imposed upon him by the Lower Court.

2. The Applicant faced two Counts under the Sexual Offences Act 2006. He was convicted vide a judgment delivered on 3rd March 2011 and was sentenced to life imprisonment.

3. The Applicant then filed an appeal against his conviction and sentence being Criminal Appeal No. 36 of 2011. The same was heard in the High Court at Nyeri. The said appeal was dismissed vide a judgment delivered by Hon. Justice Wakiaga on 28th November 2014.

4. Having gone through the appeal process the Applicant cannot now seek to have a second bite at the cherry by filing an application for review of sentence. The Applicant filed an appeal challenging his conviction and sentence before the High Court. That appeal was dismissed. His only remedy now lies in the court of Appeal.

5. I therefore find that this application is misplaced and amounts to an abuse of Court Process. The same is dismissed in its entirety.

DATED IN NYERI THIS 25THDAY OF OCTOBER, 2024. MAUREEN A. ODEROJUDGE