Makhoha v Republic (Miscellaneous Criminal Application 46 of 2020)  KEHC 16983 (KLR) (20 December 2022) (Ruling)
Neutral citation:  KEHC 16983 (KLR)
Republic of Kenya
Miscellaneous Criminal Application 46 of 2020
GWN Macharia, J
December 20, 2022
George Juma Makhoha
RULING ON REVISION OF SENTENCE
1.The applicant herein is approaching this court a second time. He faced 4 counts of stock theft on different dates. He was sentenced by the Magistrate’s Court to serve 3 years imprisonment on each of the counts, meaning a total of 12 years.
2.Attached to this file is High Court file in Criminal Appeal No 6 of 2017 in which the applicant appealed the decision of the trial court. What I glean from the brief hand-written judgment of Mwongo, J dated September 25, 2018 is that the applicant pursued the appeal only against the sentence and the same was dismissed. The import of this judgment is that the applicant could thereafter only approach the Court of Appeal to challenge the decision of Mwongo, J. He did not. Instead, he now asks the court to once again further review the sentence by ordering that the sentences run concurrently or that the period he was in remand custody be considered pursuant to section 333(2) of the Criminal Procedure Code.
3.In essence, what the applicant is asking the court to do is to sit on appeal over the judgement of Mwongo, J which is untenable. Mwongo, J is a judge of a court of concurrent jurisdiction to me and so the only recourse that the (applicant) has, is to appeal Mwongo J’s judgment in the Court of Appeal.
4.I am persuaded by the case of Daniel Otieno Oracha v Republic  eKLR where the petitioner had applied for review of a sentence imposed by a court of concurrent jurisdiction and the court observed that:
5.Further, in John Kagunda Kariuki v Republic  eKLR, Ngugi J held as follows.
6.I need not therefore, delve into the applicant’s submissions. His application fails and the same is dismissed accordingly.
DATED AND DELIVERED AT NAIVASHA THIS 20TH DECEMBER, 2022.G W NGENYE-MACHARIAJUDGEIn the presence of:1. Applicant in person.2. Mr Michuki for the Respondent.