Mohammed v Republic [2024] KEHC 11905 (KLR)

Mohammed v Republic (Criminal Miscellaneous Application E064 of 2024) [2024] KEHC 11905 (KLR) (27 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11905 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E064 of 2024

RE Aburili, J

September 27, 2024

Between

Antony Chacha Mohammed

Applicant

and

Republic

Respondent

Ruling

1. The Applicant is Antony Chacha Mohamed. He was convicted vide Bondo PM S.O Case No. 122/2016 of the offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act and sentenced to serve 15 years imprisonment.

2. He appealed vide HCRA 123/2016 and vide judgment delivered on 19/2/2018, the conviction and sentence were upheld.

3. He has now applied vide his application dated 21/2/2024, seeking that the period he spent in custody during trial be considered under Section 333 (2) of the Criminal Procedure Code.

4. The applicant/convict had the opportunity to raise the issue on appeal. This court shall not revisit a matter which was concluded by the same court on appeal.

5. I find the application dated 21/2/2024 not merited. It is hereby dismissed. This file is closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE