1. Patrick Maina Wahome, the Applicant, was tried, found guilty and convicted for the offence of Robbery with violence contrary to Section 296(2) of the Penal code in Counts (i),(iii),(iv),(v),(vi),and (vii) ; and; in Count (i) Rape contrary to 3(1) of the Sexual Offences Act. Following the conviction, he was sentenced to suffer death for the Offence of Robbery with Violence, and, to serve 20 years imprisonment for Rape, a sentence that was held in abeyance.
2. In a Miscellaneous Application No. E 054 of 2022, the Applicant sought review and in particular consideration of the time spent in remand custody, an application that was dismissed by the court on 05/02/2025 on the ground of being funtus officio.
3. In total disregard of the principle of finality or functus officio the Applicant has filed a similar application dated 07/01/2026. Clearly this is an abuse of due process.
4. The upshot of the above is that I have no power to grant orders sought. Accordingly, the application is stuck out.
5. It is so ordered.
2. In a Miscellaneous Application No. E 054 of 2022, the Applicant sought review and in particular consideration of the time spent in remand custody, an application that was dismissed by the court on 05/02/2025 on the ground of being funtus officio.
3. In total disregard of the principle of finality or functus officio the Applicant has filed a similar application dated 07/01/2026. Clearly this is an abuse of due process.
4. The upshot of the above is that I have no power to grant orders sought. Accordingly, the application is stuck out.
5. It is so ordered.