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Maghanga v Republic (Criminal Revision E281 of 2022) [2022] KEHC 16218 (KLR) (8 December 2022) (Ruling)
Neutral citation:
[2022] KEHC 16218 (KLR)
Republic of Kenya
Criminal Revision E281 of 2022
JN Onyiego, J
December 8, 2022
Between
John Michael Maghanga
Applicant
and
Republic
Respondent
(From original conviction and sentence in Criminal Case No. 244 of 2014 of the Principal Magistrate’s Court at Wundanyi)
Ruling
1.The applicant herein was charged with the offence of defilement on May 27, 2014. After conducting full trial, he was convicted and sentenced to 15 years imprisonment on January 8, 2016. He then appealed to the High Court vide HCCR appeal number 6 of 2016 challenging both conviction and sentence. The High Court dismissed the appeal on February 17, 2018 thus upholding both the conviction and sentence.
2.In view of the above, the only recourse the applicant has is to appeal to the Court of Appeal. The High Court cannot review its own decision under section 362 and 364 of the CPC. Given the circumstances, it is my finding that the appeal herein is an abuse of the court processes hence dismissed.
3.Right of appeal 14 days.
DATED SIGNED AND DELIVERED IN OPEN COURT THIS 8TH DAY OF DECEMBER, 2022.HON. J. ONYIEGOJUDGE
