1. I have considered the Applicant’s Notice of Motion (undated) that seeks review of his sentence. I have also considered the record.
2. On 25th February, 2025, I directed that the Officer in Charge at Naivasha Maximum Security Prison presents written reports 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 4th March, 2025 from the Officer in Charge Naivasha Maximum Security Prison.
4. It is instructive from the report that the Appellant was convicted on a charge of murder vide a judgment that was delivered in Kisumu HCCR Case No. 19 of 2015. He was subsequently sentenced to death on 25th July, 2017.
5. The Applicant appealed the conviction and sentence vide Kisumu Court of Appeal Cr. Appeal No. 112 of 2020 and the same is still pending.
6. Notwithstanding that his appeal is still pending, the Applicant presented the present application. He falsely states in his supporting affidavit that he did not prefer an appeal.
7. 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. He has a pending appeal on both conviction and sentence and it was therefore not available for him to present this application.
8. Although the ODPP is yet to file a response to the application, 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 attempt at abusing the court process, I order that he shall not be allowed to file before this court any other applications 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, Naivasha 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.