[2025] KEHC 17266 (KLR)
The court found that the applicant had already benefited from resentencing following the challenge to the mandatory death penalty, resulting in a 20-year imprisonment term. Given the violent and aggravated nature of the offences, including the use of weapons and violence against the complainant, the court held that...
Source-derived case information.
- Citation
- [2025] KEHC 17266 (KLR)
- Parties
- Applicant: Asman Khata Anabaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 61 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Sentencing, Mandatory Sentences, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Asman Khata Anabaka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 20 years imprisonment for robbery with violence was appropriate in light of the circumstances.
- 2 Whether the present application constituted an abuse of the court process.
Ratio Decidendi
The court found that the applicant had already benefited from resentencing following the challenge to the mandatory death penalty, resulting in a 20-year imprisonment term. Given the violent and aggravated nature of the offences, including the use of weapons and violence against the complainant, the court held that the sentence was appropriate and proportionate. The court further determined that the present application was an abuse of process, as it sought to relitigate issues already settled by the lower court and the previous revision application. Accordingly, the application was dismissed, and the applicant was barred from filing similar applications without leave of the court.
Court Disposition
application dismissed
Orders
- The application is dismissed as an abuse of the court process.
- The applicant is barred from filing any similar application without the leave of this court.
Full Case Text
Judgment text and source record
20 paragraphs
Anabaka v Republic (Criminal Revision 61 of 2024) [2025] KEHC 17266 (KLR) (14 February 2025) (Ruling)
Neutral citation: [2025] KEHC 17266 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 61 of 2024
DR Kavedza, J
February 14, 2025
Between
Asman Khata Anabaka
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with two counts for the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. In both counts, the applicant committed the offence while armed with crude weapons namely pistols and knives and during the robbery he used violence against the complainant.
2. In 2018, he filed a revision application no. 120 of 2018 challenging the constitutionality of the mandatory death sentence that was imposed by the trial court. Consequently, the applicant was resentenced to 20 years imprisonment on 26th of April 2019 by the lower court. He has now filed the present application before this court.
3. Considering the nature of the offences that the applicant committed and the aggravating circumstances, it is my view that the sentence of 20 years imprisonment is appropriate for the offence.
4. I therefore find that the application is an abuse of the court process and it is hereby dismissed.
5. The applicant is bared from filing any similar application without the leave of this court.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 14TH DAY OF FEBRUARY 2025. ........................D. KAVEDZAJUDGE