1. This court is in receipt of a report from the Officer in Charge Kitale Annexe Prison dated 24/3/25.
2. It is instructive from the report that the Applicant filed an application for sentence review vide HC Misc. Application No. E091 of 2024, which was subsequently dismissed on 19/8/24.
3. He has now filed yet another application for sentence review, knowing well that his application that sought similar orders was dismissed, which amounts to abuse of the process of this court.
4. This court is under judicial duty to guard against abuse of its process and I will in the premises strike out the present application.
5. I further order that the Applicant shall not be permitted to file any other application regarding his sentence unless he first obtains leave of this court through a formal application, to which he must attach a copy of this ruling.
6. A copy of this ruling to be served upon the Officer in Charge, Kitale Annexe Prison for records and further action.
7. This file is closed.
Delivered, signed and dated at Kisumu this 1st day of July, 2025.
JOE M. OMIDO
JUDGE
APPLICANT: Present, virtually.
RESPONDENT: Ms. Muema.
COURT ASSISTANTS: Mr. Ngoge & Mr. Juma.
2. It is instructive from the report that the Applicant filed an application for sentence review vide HC Misc. Application No. E091 of 2024, which was subsequently dismissed on 19/8/24.
3. He has now filed yet another application for sentence review, knowing well that his application that sought similar orders was dismissed, which amounts to abuse of the process of this court.
4. This court is under judicial duty to guard against abuse of its process and I will in the premises strike out the present application.
5. I further order that the Applicant shall not be permitted to file any other application regarding his sentence unless he first obtains leave of this court through a formal application, to which he must attach a copy of this ruling.
6. A copy of this ruling to be served upon the Officer in Charge, Kitale Annexe Prison for records and further action.
7. This file is closed.
Delivered, signed and dated at Kisumu this 1st day of July, 2025.
JOE M. OMIDO
JUDGE
APPLICANT: Present, virtually.
RESPONDENT: Ms. Muema.
COURT ASSISTANTS: Mr. Ngoge & Mr. Juma.