[2024] KEHC 12708 (KLR)
The court found that the applicant had previously filed two similar applications for revision of sentence, both of which had been heard and determined by competent courts. The present application, being based on the same grounds and seeking the same relief, was deemed to be an abuse of the court process. The court...
Source-derived case information.
- Citation
- [2024] KEHC 12708 (KLR)
- Parties
- Applicant: John Abuga Kabomi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 154 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed as abuse of court process
- Judges
- DR Kavedza
- Legal Topics
- Defilement Offence, Sentence Revision, Sexual Offences Act, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Abuga Kabomi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence after previous similar applications have been determined.
- 2 Whether the current application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had previously filed two similar applications for revision of sentence, both of which had been heard and determined by competent courts. The present application, being based on the same grounds and seeking the same relief, was deemed to be an abuse of the court process. The court emphasized that the judicial process should not be used to relitigate matters that have already been conclusively determined. Accordingly, the application was dismissed, and the applicant was directed not to file similar applications without leave of the court.
Court Disposition
application dismissed as abuse of court process
Orders
- The application is dismissed as an abuse of the court process.
- The applicant is directed not to file a similar application without leave of court.
Full Case Text
Judgment text and source record
19 paragraphs
Kabomi v Republic (Criminal Revision 154 of 2024) [2024] KEHC 12708 (KLR) (23 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12708 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 154 of 2024
DR Kavedza, J
October 23, 2024
Between
John Abuga Kabomi
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and after full trial convicted for the offence of defilement contrary to section 8(1) as read with 8(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve ten (10) years imprisonment.
2. Being aggrieved, he filed an application dated 2nd July 2024 seeking revision of sentence. He contends that he is remorseful, he has undergone rehabilitation in prison and that the time served is sufficient.
3. From the record of the court, the applicant filed two similar applications; one in 2023 vide Nairobi High Court Criminal Revision No. E420 of 2021 and the other on 2nd July, 2024 in the High Court of Kenya at Kibera. Both applications were heard and determined and the respective courts gave appropriate orders. In the first instance, the court revised the sentence imposed by the trial court, whereas the second application was dismissed for being an abuse of the court process.
4. Consequently, the instant application is dismissed and deemed to be an abuse of the court process. The applicant is directed not to file a similar application without leave of court.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 23RD DAY OF OCTOBER 2024. ........................D. KAVEDZAJUDGE