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|Case Number:||Miscellaneous Criminal Application 84 of 2019|
|Parties:||Atnas Nandi Shitandi v Republic|
|Date Delivered:||16 Mar 2022|
|Court:||High Court at Kakamega|
|Judge(s):||Farah S.M Amin|
|Citation:||Atnas Nandi Shitandi v Republic  eKLR|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
MISCELLANEOUS CRIMINAL APPLICATION NO. 84 OF 2019
ATNAS NANDI SHITANDI......................................APPLICANT
R U L I N G and O R D E R
1. The Applicant has made an Applicant has made an Application for his sentence to be reviewed and reduced.
2. The Applicant previously filed an Appeal namely HC. Criminal Appeal No. 119 of 2018 where his appeal against conviction was dismissed however the sentence was reviewed downwards. Later he made a further Application in HC. Misc. Criminal Application No. 84 of 2019. That Ruling was delivered on 12th November 2021.
3. The Applicant has also filed an application that the sentence be reviewed again.
4. It is the view of this Court that the Application is res judicata. In so far as it is not res judicata the Application is dismissed for the following reasons:-
(1) The Applicant is a repeat offender.
(2) His crimes are not just economic crimes but he has also harmed people.
(3) His neighbours do not want him back in the Community because he has previously preyed upon them.
(4) It is clear from the tenor of the Application and the demeanour of the Applicant that he has not learnt his lesson. He shows no remorse whatsoever.
In the circumstances the Application is dismissed.
Delivered, Dated and Signed this the 16th day of March 2022 in Kakamega.
Read in Open Court in the Presence of: