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JudgmentKADENGE KAZUNGU KOMBE VS The Republic1 min read

KADENGE KAZUNGU KOMBE VS The Republic

High Court at Malindi High Court · · M Thande

 

  1. The Applicant has moved this court by way of an undated application seeking that the period spent in custody pending his trial for the offence of incest be taken into account in respect of his sentence of 25 years imprisonment.
  2. The Respondent opted not to file a response.
  3. Court records show that the Applicant has appealed against his conviction 3 times, the latest being HCCRA No. E020 of 2020. In that file, the Hon. Deputy Registrar made the following order:

The file to be placed before the judge for closure as the Appellant has appealed 3 times in different appeals.

  1. On 18.3.23, the learned Judge made the following order on 18.3.23:

Appellant is abusing the court process. The file is closed.

  1. The Applicant has now come back to this Court vide his Application seeking review of his sentence under the provisions of Section 333(2) of the Criminal Procedure Code. He has deliberately failed to disclose that he has approached the Court before.
  2. The Applicant continues to abuse of the court process which this Court will not countenance. Consequently, this conduct must be deprecated and discouraged.  I accordingly order that the Application before me, being an abuse of the court process, be and is hereby struck out.

DATED, SIGNED and DELIVERED in MALINDI this 14th day of march 2025

 

    KADENGE KAZUNGU KOMBE VS The Republic KADENGE KAZUNGU KOMBE VS The Republic