1. Before me is an application for revision of sentence filed on 25th April 2023, in which the applicant asks for review of his prison sentence to probation order.
2. The application was filed with a supporting affidavit sworn by the applicant Ali Juma Senge on 8th February 2023.
3. It was also deposed in the affidavit that the applicants appealed to the High Court but did not appeal to the Court of Appeal, and that his sentence was on appeal in Voi HCCR Appeal No. E012 of 2021 reduced from fifteen (15) years imprisonment to ten (10) years on 8th June 2022 and that he has now less than three (3) years to complete his prison sentence.
4. The Application was canvassed through written submissions. In this regard, I have perused and considered the submissions filed by the applicant as well as the submissions filed by the Director of Public Prosecutions.
5. In determining this application I have to mention that the applicant was convicted of defilement contrary to section 8(1) as read with section 8(3) of the Sexual Offences Act and initially sentenced to fifteen (15) years imprisonment.
6. He appealed to the High Court in Voi High Court Criminal Appeal No.E012 of 2021 and the High Court dismissed the appeal on conviction on 8th June 2022 but reduced the sentence from fifteen (15) years to ten (10) years imprisonment.
7. While the applicant has submitted herein that this court has jurisdiction to entertain this application, the Director of Public Prosecutions has argued that this court has no jurisdiction to entertain the present application. The applicant has relied on several foreign decided cases including the case of Harsken vs Lane & Others [1997] ZACC 12.
8. In my view, this court cannot further review the sentence imposed on the applicant as the said sentence has been substantively re-considered by this same court on appeal and reviewed from 15 to 10 years imprisonment.
9. In my view, if the applicant wanted to rely on the many decided court cases he is presently relies on in submissions in support of this application, he should have brought the said cases to the attention of the High Court on appeal, as the said cases were decided by 2017, while the appeal herein in the High Court was decided in June 2022.
10. I thus find no merits in the Application for review of sentence. I dismiss the Application.
Dated, Signed and delivered this 03rd day of April 2024 at Voi in the Open Court.