Mwanjewe v Republic [2025] KEHC 8871 (KLR)

Mwanjewe v Republic (Criminal Revision E097 of 2024) [2025] KEHC 8871 (KLR) (24 January 2025) (Ruling)

Neutral citation: [2025] KEHC 8871 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Revision E097 of 2024

AN Ongeri, J

January 24, 2025

Between

Maghanga Mwazo Mwanjewe

Applicant

and

Republic

Respondent

Ruling

1. The Applicant herein Maghanga Mwazo Mwanjewe filed this revision application seeking review of the sentence of life imprisonment.

2. The Applicant was charged before the SPM at Voi Law Courts with 2 counts of robbery with violence contrary to Section 296(2) of the Penal Code.

3. He was sentenced to death.

4. He appealed to the High Court at Voi and the appeal was dismissed and both the conviction and sentence upheld.

5. The Applicant appealed to the Court of Appeal (COA) and the second appeal was also dismissed on 9th February, 2024.

6. The sentence was commutted to life imprisonment by the President.

7. The Applicant has now applied to this court for review of his sentence.

8. He stated in his application that he wants the period he spent in custody computed in the sentence.

9. I have considered the Court of Appeal judgment and I find that the issue of the sentence meted against the Applicant was exhaustively dealt with.

10. This court has no jurisdiction to review the sentence of the Court of Appeal delivered on 9th February, 2024.

11. I find that the revision application lacks in merit and the same is accordingly dismissed.

DATED, SIGNED AND DELIVERED THIS 24TH DAY OF JANUARY 2025 VIRTUALLY AND IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistant: MainaThe Applicant