Sabatia v Republic [2023] KEHC 23183 (KLR)

Sabatia v Republic (Miscellaneous Criminal Application E278 of 2022) [2023] KEHC 23183 (KLR) (Crim) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23183 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Criminal Application E278 of 2022

K Kimondo, J

October 5, 2023

Between

Wesley Lutiali Sabatia

Applicant

and

Republic

Prosecutor

(Lower Court at Makadara Chief Magistrates S.O. Case Number 1672 of 2011. Criminal Revision 909 of 2018 )

Ruling

1. The applicant seeks a resentencing order. He was convicted for defilement by the lower court at Makadara in Chief Magistrates S.O. Case Number 1672 of 2011. He was imprisoned for 20 years.

2. His appeal to the High Court in Criminal Appeal No. 219 of 2012 was dismissed by Ngenye J, as then was.

3. The applicant then sought a revision of the sentence in High Court Criminal Revision No. 909 of 2018 which was dismissed by Bwonwonga J on July 5, 2022; the learned judge correctly observing that the High Court was now functus officio.

4. Granted that history, the present notice of motion is clearly an abuse of process as the High Court is no longer seized of jurisdiction. The application is accordingly dismissed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 5TH DAY OF OCTOBER 2023. KANYI KIMONDOJUDGERuling read virtually onMicrosoft Teamsin the presence of: -The applicant (in person).Mr. Kiragu for the Respondent instructed by the office of the Director of Public prosecutions.Mr. E. Ombuna, Court Assistant.