By sworn affidavit dated 21st August 2024 the Applicants who were the 12th and 7th Accused persons in Migori H. C CR. C No 46 of 2014 are seeking a review of their current sentence for death and life imprisonment.
In Migori High Court Petition No. 5 of 2018 the Applicants' sentence was reviewed on 22nd October 2018 and upon consideration of their mitigation the Judge said the Applicants are not deserving of any leniency and sentenced the Applicant to suffer death.
In the Court of Appeal at Kisumu in Criminal Appeal No. 107 of 2017, the court while delivering its verdict on 31st March 2023 dismissed the appeal for among others reasons that:
''the Petitions for resentencing came before the hearing of this appeal and having taken their chance at resentencing, the Appellants’ challenge against sentence in this appeal is spent. There cannot be proper grievances against sentences because those sentences were set aside in the Petitions and sentencing conducted afresh. If the Appellants were aggrieved by the outcome of resentencing, then they needed to appeal against that outcome. Their appeals against the sentences imposed by the trial court were extinguished by their petitions for resentencing and are spent, and shall not be considered at all.''
In Consideration of the Court of Appeal decision above this court has made verdicts dismissing Criminal Revision No. 180 of 2024 and 181 of 2024 to the effect that this court cannot sit on appeal on decision of Court of concurrent jurisdiction or even worse on decision of a superior court. The Applicants in Petition No. 5 of 2018 had a right to appeal against the judgment thereon and have not done so. No amount of applications will change the verdict of the Court of Appeal if the Applicants don’t appeal against the decision in the resentencing proceedings in the Petition.
The Application herein is therefore dismissed.
DELIVERED, DATED and SIGNED at MIGORI this 9th day of April, 2025