Yego v Republic [2024] KEHC 12043 (KLR)

Yego v Republic (Criminal Revision E034 of 2024) [2024] KEHC 12043 (KLR) (30 September 2024) (Ruling)

Neutral citation: [2024] KEHC 12043 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Criminal Revision E034 of 2024

RPV Wendoh, J

September 30, 2024

Between

Amos Yego

Applicant

and

Republic

Respondent

((From Original conviction and sentence in criminal case no. 1139 of 2017 at the SPM’s court))

Ruling

1. This is an application for Review of the sentence pursuant to S333(2) of the CPC. Amos Yego was convicted for the offence of Robbery with violence in CRC no. 1139 of 2017 and sentenced to death. He appealed to the High Court and by the Judgment of J. Sitati dated 25/9/2019 the appeal was allowed on sentence and it was reduced to twenty (20) years imprisonment.

2. Having been before the High Court (J. Sitati) the applicant should have included all his grounds of appeal including the sentence commencing from the date of arrest and including the time spent in remand. The applicant can not keep returning to this court for grounds he could have raised on appeal. It is an abuse of the court process. If the applicant is still aggrieved the only recourse for him is to move the Court of Appeal. For the above reason, the application is without merit and is dismissed.

4File closed

DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 30TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:.............. the Appellant.Majale for the State.Court Assistants – Juma/Hellen