https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7961

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL REVISION NO. E062 OF 2025 EVERLYNE MARTHA OPICHO ...............................................APPLICANT VERSUS REPUBLIC...........................................................................RESPONDENT **RULING** 1. The Applicant **Everlyne Martha Opicho** was charged with murder contrary to section 203 as read with section 204 of the Penal code. She pleaded not guilty and the matter went to full trial. She was convicted for the offence of murder and sentenced to 27 years imprisonment. 2. The Applicant has filed this instant Notice of Motion dated l3th October 2025 seeking for orders that the sentence of 27 years imprisonment imposed on 21stJanuary 2021 be reviewed and revised downward and that this Court considers the Applicant's mitigating circumstances including her status as a first-time offender, her rehabilitation efforts and her personal development. 3. The Respondent is opposed to the instant application and argue that the High court fully analysed the evidence of the prosecutor's case in criminal case E009 of 2017 and rightfully concluded that the Prosecution proved its case beyond reasonable doubt proving all the ingredients of murder. The Respondent submits that the High Court cannot sit on appeal and re-hear a matter from a court of equal jurisdiction thus this Court is *funcus officio*. The High Court in Machakos in the Criminal case No.009 of 2017 and this honourable court are of the same jurisdiction and therefore this Court does not have *locus standi* jurisdiction to over turn the judgment and findings of the court of similar jurisdiction. 4. There is no indication that the Applicant lodged an appeal to the Court of Appeal. 5. This Court observes that the Applicant conviction and sentence was rendered by the High Court which holds a concurrent jurisdiction while exercising its jurisdiction as a court of original jurisdiction. Where a party is aggrieved by a decision rendered by this Court in the exercise of its original jurisdiction, the appropriate recourse lies in filing an appeal before the Court of Appeal. 6. I must say that upon my thorough perusal at the Court Tracking System, I have banged into a similar application which was filed by the Applicant vide **Machakos High Court Criminal Revision No. E126 OF 2024 between EVERLYNE MARTHA OPICHO VS. ODPP** which application was dismissed by Lady Justice R. Rutto in a ruling delivered on 17th July 2025. 7. The Applicant concealed the above position and failed to disclose the same in her instant application. The Applicant’s similar application has already been heard and determined by a court of concurrent jurisdiction as stated above. 8. Clearly, the conduct of the Applicant is that of a party beat on forum shopping. Forum shopping is a bad thing and it must be frowned upon by this court and any other court. 9. Kudos to the Chief justice of the Republic of Kenya, Martha Koome on her innovation of the digital registry automation platform that is very effective, efficient, secure and transparent and which enabled this court to track the Applicant’s similar application stated herein above. Were it not for the same or were it that the judiciary was still operating manually most likely this Court could not have discovered the already similar determined application and maybe it could have been hoodwinked and misled into making a conflicting decision that would be a mockery to the rule of law and to the administration of justice. 10. The Applicant and other such minded persons are to be informed and/or reminded that the Judiciary of Kenya has through technology made case tracking so easy and transparent and at the same time it has made it almost impossible for anyone to alter, interrupt, corrupt, manipulate, change, interfere or otherwise in any manner deal with cases in the court system unnoticed. In short, no one can play lottery with the Kenyan judicial process in place. 11. That aside, in this instance, it is common ground that the sentence imposed by the High Court is yet to be reconsidered on appeal at the Court of Appeal. Accordingly, the only avenue open for the Applicant is to either lodge an appeal to the Court of Appeal or petition the President of the Republic of Kenya for a power of mercy through the Advisory Committee pursuant to the provisions of Article 133 of the Constitution, 2010.The question of further consideration by this court cannot arise. In this connection, I agree entirely with the expressions of Hon. Aburili, J. in **Constitutional Petition No. 5 of 2018, Daniel Otieno Oracha v Republic [2019] eKLR,** that: ***“The law abhors the practice of a judge sitting to review a judgment or decision of another judge of concurrent jurisdiction. Reduction of sentence could only be considered by the Court of Appeal or if this court was sitting on appeal of a judgment of the subordinate court or if the petitioner was seeking for resentence after exhausting appeal mechanisms and not otherwise”.*** 1. In view of the above, this Court has no powers to interfere with a decision rendered by a court of concurrent jurisdiction. It can only interfere with the sentence of a subordinate court on appeal or revision. 2. The Applicant in this matter has emerged as a mischief maker and a person who is out to abuse the court process. 3. As a result, this court declares the instant application a blatant abuse of the legal process and is struck out. 4. Orders accordingly. This file is hereby closed. RULING WRITTEN, DATED & SIGNED AT MACHAKOS THIS 9TH JUNE 2026 **NOEL I. ADAGI** **JUDGE** DELIVERED VIRTUALLY ON TEAMS AT MACHAKOS THIS 9TH JUNE 2026 In the presence of : Applicant in person.............. At Langata Women Prison Ms Agatha........... ..for Respondent Milly........ Court Assistant