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JudgmentDICKSON CHOME VS The Republic2 min read

DICKSON CHOME VS The Republic

High Court at Mombasa High Court · · Wendy Micheni


(ORIGINATING FROM CRIMINAL CASE NO. 472 OF 2015  IN THE CHIEF MAGISTRATE’S COURT AT SHANZU (AND HIGH COURT MISCELLANEOUS APPLICATION NO. E166 OF 2022 MOMBASA HIGH COURT.

RULING

  1. The Applicant was charged and convicted after a full trial for the offence of Defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006 and sentenced to life imprisonment .The Applicant sought the following orders:-
    1. Spent.
    2. THAT, he was the applicant herein seeking for sentence revision in criminal case 472 OF 2015 SHANZU Chief Magistrates Court for an offence of Defilement contrary to section 8[1] as read with section 8[2] of the Sexual Offences Act No. 3 of 2006.
  2. According to the Applicant  he was charged with the offence of Defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No. 3 of 2006 and sentenced to life imprisonment at Shanzu Chief Magistrates’ Court. The applicant first appeal in HCCRA No NO.118 OF 2021 at MOMBASA High Court was dismissed. The Applicant then filed an application for sentence revision which was heard vide criminal High Court Miscellaneous Application No. E166 of 2022 and sentence reduced to 35 years imprisonment. The High Court has competent jurisdiction to hear and determine this sentence revision application under Article 22 and Article 165(3)(b) of the Constitution of Kenya and award a lenient sentence from the 35 years awarded by the learned judge. Under the constitution of KENYA under Article 50 (2)(p)(q) an Applicant had a right to benefit from the least severe sentence and have his sentence reviewed.
  3. That  has already been done and it is irregular to come back to the same court for another bite of the cherry.
  4. I have considered the Application, I find that the Applicant has not made out a case for the grant of the prayers sought in the Notice of Motion application dated 15th May, 2024. Consequence of which the Application stands unmeritorious and therefore dismissed

IT IS SO ORDERED ACORDINGLY.

RULING DELIVERED THROUGH MICROSOFT TEAM VIRTUAL, SIGNED AND DATED AT MOMBASA THIS …27th….…………DAY OF ……………FEBRUARY…………..…….., 2025.

……………………………………………………..

HON. LADY JUSTICE W. M. KAGENDO

(JUDGE)

HIGH COURT OF KENYA AT MOMBASA

(CRIMINAL DIVISION)

In the presence of:

M/s. Bebora, Court Assistant;

……MS CHEROP……………..……………State Counsel;

………………………………………….…Applicant

    DICKSON CHOME VS The Republic DICKSON CHOME VS The Republic