Musungu v Republic [2022] KEHC 10303 (KLR)

Musungu v Republic (Miscellaneous Criminal Application 44 of 2020) [2022] KEHC 10303 (KLR) (24 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10303 (KLR)

Republic of Kenya

In the High Court at Kakamega

Miscellaneous Criminal Application 44 of 2020

WM Musyoka, J

June 24, 2022

Between

Yosia Musungu

Applicant

and

Republic

Respondent

Ruling

1. The Motion, undated but filed herein on 10th September 2020, seeks review of sentence. The applicant had been convicted and sentenced, in Butali PMCCRC No. 38 of 2019, on a charge of simple robbery contrary to sections 295 and 296(1) of the Penal Code, Cap 63, Laws of Kenya.

2. The applicant filed an appeal against that conviction and sentence in Kakamega HCCRA No. 86 of 2019, and the said appeal was dismissed, on 23rd July 2020. The issues that the applicant is now raising should have been raised in that appeal. What the appellant is doing is to seek to have a second bite at the sherry.

3. The application is an abuse of the court process. It is hereby dismissed. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.

DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Yosia Musungu, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.