Mwambela v Republic [2024] KEHC 13303 (KLR)

Mwambela v Republic (Petition E116 of 2023) [2024] KEHC 13303 (KLR) (4 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13303 (KLR)

Republic of Kenya

In the High Court at Voi

Petition E116 of 2023

AN Ongeri, J

November 4, 2024

Between

Rodgers Mwambela

Applicant

and

Republic

Respondent

Ruling

1. The Applicant filed a similar application dated 2nd September 2020 seeking review of the sentence meted by the trial court.

2. The application was dismissed on 11th February, 2021 by the High Court at Mombasa.

3. The court has no jurisdiction to handle a second review in the circumstances.

4. The Applicant can only appeal to the High Court against the sentence.

5. The Applicant can file an application for leave to appeal out of time.

6. The application for review is accordingly dismissed.

7. Mention on 18th November, 2024 for the Applicant to make the necessary application.

DATED, SIGNED AND DELIVERED THIS 4TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.LADY JUSTICE ASENATH ONGERIJUDGEIn the presence of:-Maina/Trizah – Court AssistantsMr. Sirima for the RespondentThe Applicant present in person