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 23rd January, 2015, I directed that the Officers in Charge at Kisumu Maximum Prison and Kitale Annexe Prison present written reports 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 31st January, 2025 from the Officer in Charge Kitale Annexe Prison.
4. It is instructive from the report that the Appellant was convicted on a charge of murder vide a judgment that was delivered by Majanja J on 11th August, 2016.
5. The Applicant appealed the conviction and sentence vide Kisumu Court of Appeal Cr. Appeal No. 324 of 2019 and the same is still pending.
6. On 20th October 2016, the Applicant’s death sentence was commuted to life imprisonment by the retired President, His Excellency Uhuru Kenyatta.
7. It would appear that the Applicant was not contented with the same as he petitioned this court to substitute the life sentence with a lesser sentence of imprisonment vide High Court Petition No. E019 of 2021. Vide a judgment delivered by Kamau J on 24th September, 2021, the petition was allowed and the life sentence substituted with a sentence of 30 years imprisonment.
6. The Applicant again applied for review of the same vide H.C. Misc. Application No. E091 of 2022. Aburili J dismissed his application on 12th April, 2023.
7. The Applicant filed yet another application for review of sentence vide Criminal Revision No. E003 of 23 and the court noting that the application was similar to the one dismissed in Misc. E091 of 2022, promptly dismissed the same.
8. The dismissals above notwithstanding, the Applicant filed another application, Misc. Application No. E016 of 2023 in which he sought for his sentence to be reviewed. Aburili J once again dismissed the application on 19th June, 2023 for being devoid of merit.
9. Undeterred by the above dismissals, he has now filed the undated motion that is before me. 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. Although the ODPP is yet to file a response to the application, my view is that it is not one that the court should waste previous time to entertain. I will proceed to strike it out, which I hereby do.
10. 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.
11. A copy of this ruling to be served upon the Officer in Charge, Kitale Annexe Prison.
12. This file is closed.
Delivered, Signed and Dated at this 5th day of February, 2025.
JOE M. OMIDO
JUDGE
Applicant: Present, virtually.
Respondent: Ms. Muema, Prosecution Counsel.