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 March, 2025, I directed the Officer in Charge at Manyani Maximum Security Prison to present 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 March, 2025 from the said Office.
4. It is instructive from the report that the Appellant was convicted by Kisumu Chief Magistrate’s Court in Kisumu CM’s Cr. Case No. 119 of 2011 on a charge of robbery with violence and sentenced to death on 12th October, 2011.
5. The Applicant lodged an appeal to this court, HCCRA No. 157 of 2011 which was subsequently heard and dismissed.
6. On 12th October, 2016, the Applicant’s death sentence was commuted to life imprisonment by presidential decree.
7. The Applicant filed a second appeal to the Court of Appeal against the conviction and sentence vide Kisumu Court of Appeal Cr. Appeal No. 324 of 2019 and the same was still pending as at the time of filing the instant application. As per the report, the Applicant’s appeal to the Court of Appeal was subsequently dismissed on 8th November, 2024.
8. After the dismissal of his first appeal before the High Court and while his appeal to the Court of Appeal was still pending, the Applicant filed an application seeking for the review of his sentence vide H.C. Misc. Application No. 48 of 2021 which was heard and dismissed.
9. The Applicant filed yet another matter, being Criminal Petition No. 67 of 2021 before this court, which the court heard and subsequently dismissed. His appeal to the Court of Appeal was at the time still pending.
10. 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.
11. His appeals to this court and to the Court of Appeal have suffered similar fate. Although the ODPP has filed a response to the application, my view is that it is not one that the court should waste precious time to entertain by substantively considering. I will proceed to strike it out, which I hereby do.
12. In view of the Applicant’s history of abusing the court process, I order that he shall not be allowed to file 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.
13. A copy of this ruling to be served upon the Officer in Charge, Manyani Maximum Security Prison for records purposes.
14. This file is closed.
Delivered, Signed and Dated at this 5th day of May, 2025.
JOE M. OMIDO
JUDGE
Applicant: Present, virtually.
Respondent: Ms. Muema, Prosecution Counsel.