1. The Applicant Brayand Madiori was charges of the offence of murder Contrary Section 203 as read with 204 of the Penal Code in Kisumu High Court Criminal Case No. 5/2018. He was convicted of the offence of manslaughter and was sentenced to serve 8years imprisonment on 14/7/2022.
2. Subsequent to his conviction the Applicant unsuccessfully appealed against the conviction in Court of Appeal Criminal Application no. 270 of 2018. He later on filed Miscellaneous Application No. E0870/2023, save for incomplete proceedings of Criminal Case No. 5/2018, and the sentencing notes, the Applicant has not annexed the proceedings, judgment and ruling in Court of Appeal Criminal Application No. 270/2018 and Miscellaneous Application No. E0870/2023 and in the absence of the said annexures this court cannot make an informed decision on whether indeed, the Applicant had served a pretrial term of 4 years and 17 days.
In any event the Applicant had already appealed, and also moved this court in Miscellaneous Application No. E870/2023. There must be an end to litigation and the conduct of the Applicant herein of filing applications year in year out amounts to abuse of court process.
On the balance the application herein is devoid of merit and I disallow it.
This file is marked as closed.
Dated at Kisumu this 27th day of December 2024