The Applicant Philip Efesta Kenewa was charged and convicted of the charge of robbery with violence in Maseno Senior Principal Magistrate Criminal Case No. 63 of 2012. He was then sentenced to death. This sentence was commuted to a definite sentence of 30 years’ imprisonment by Justice Ochieng (JA) in Kisumu High Court Criminal Application No. 20 of 2012. A further appeal to the court of Appeal in Kisumu No. 13 of 2013 was disallowed. He has not moved this court for reduction of this sentence.
This court is of equal status as the court that reduced this sentence from death to 30 years wherefore, this court is finetas officio.
In any event the Appellant has already gone through the hierachy of appeals and cannot restart the process afresh. His current application is at best an abuse of court process and devoid of any into of merit and I thus dismiss it.
This file is marked as closed.
Dated at Kisumu this 27th day of December 2024
This court is of equal status as the court that reduced this sentence from death to 30 years wherefore, this court is finetas officio.
In any event the Appellant has already gone through the hierachy of appeals and cannot restart the process afresh. His current application is at best an abuse of court process and devoid of any into of merit and I thus dismiss it.
This file is marked as closed.
Dated at Kisumu this 27th day of December 2024