1. I have considered the Applicant’s Notice of Motion dated 16th December, 2024 that seeks review of his sentence. I have also considered the record.
2. On 4th February, 2025, I directed that the Officer in Charge at Kisumu Maximum Security Prison presents a written report on any previous appeals, revisions or applications for review of sentence that have been preferred by the Applicant.
3. This court received a report dated 25th February, 2025 from the Officer in Charge Kisumu Maximum Security Prison.
4. It is instructive from the report that the Appellant was convicted on a charge of defilement on 8th May, 2019 in Winam Sexual Offence Case No. 3 of 2018. He was sentenced to serve 20 years imprisonment.
5. The Applicant appealed the conviction and sentence vide Kisumu High Court Cr. Appeal No. 21 of 2019. The same was dismissed on 17th December, 2020.
7. The Applicant preferred an application to the Court of Appeal vide Criminal Application No. E001 of 2021, which was dismissed on 23rd July, 2021.
8. It would appear that the Applicant was not contented with the same as he petitioned this court vide High Court Petition No. E038 of 2023. Aburili J dismissed the petition on 24th March, 2023.
6. The Applicant again applied for review of his sentence vide H.C. Misc. Application No. E162 of 2024. Aburili J dismissed his application on 26th September, 2024.
8. The dismissals above notwithstanding, the Applicant undeterred, has now filed the motion that is before me.
9. It is clear to me from the history above that the Applicant is abusing the process of this court. This court has a duty to zealously guard against such abuse. His previous applications, similar to the one before me have been dismissed but he still has the tenacity to refile the same. My view is that it is not one that the court should waste precious time to entertain. I will proceed to strike it out, which I hereby do.
10. In view of the Applicant’s history of abusing the court process, and as litigation must come to an end, I order that he shall not be allowed to file any other applications before this court regarding his sentence unless he first obtains leave of this court, through a formal application, to which he must attach this ruling.
11. A copy of this ruling to be served upon the Officer in Charge, Kisumu Maximum Security Prison.
12. This file is closed.
Delivered, Signed and Dated at this 17th March, 2025.
JOE M. OMIDO
JUDGE
Applicant: Present, virtually.
Respondent: Ms. Muema, Prosecution Counsel.