https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10355

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT ISIOLO** **CRIMINAL REVIEW NO. E026 OF 2025** **MICHAEL LOZURU LOKUT ............................................APPLICANT** **VERSUS** **REPUBLIC ...........................................................................RESPONDENT** **RULING** 1. The Applicant herein was initially charged, tried and convicted at the Chief Magistrate’s Court in Isiolo with the offence of Robbery with Violence, contrary to Section 296(2) of the Penal Code. The Applicant also faced an alternative charge of handling stolen property contrary to section 322(2) of the Penal Code. 2. He was subsequently sentenced to suffer death. Following his conviction, he moved to the high Court on appeal. The Appeal was dismissed. He has moved to this court by way of the present application seeking a review of his sentence. 3. The Application is based on the following grounds: 4. That the applicant has suffered behind bars and now is aware of the consequences of crime hence prays this honorable court to grant an alternative dispute resolution in this matter. 5. That on matters of mandatory sentences which were declared unconstitutional the trial court ought to have exercised its inherent discretion and general procedure under Section 216 and 329 of the Criminal Procedure Code on sentencing hence the honorable trial judge's hands were not tied to sentencing the applicant to suffer DEATH sentence. 6. That in regard to this application the applicant under Article 50(2) and5(l2) of the Constitution of Kenya seeks his sentence review hence urges the honorable court to apply Section 216 and 329 of the Criminal Procedure Code since this section was not complied with by the trial court. 7. That, further grounds to be adduced at the hearing of this application. 8. The Applicant has invoked Articles 50 of the Constitution together with Sections 216 and 329 of the Criminal Procedure Code, contending that the trial court failed to consider mitigating circumstances before imposing the sentence. 9. The jurisdiction of this Court in criminal review is donated by Sections 362 to 367 of the Criminal Procedure Code. Under Section 362, the Court's supervisory jurisdiction is limited to satisfying itself as to the *correctness*, *legality* or *propriety* of any finding, sentence or order of a subordinate court, as well as the regularity of the proceedings. 10. However, a perusal of the previous documents filed by the Applicant show the following: a). Following the dismissal of his high court criminal Appeal No. 136 of 2011(Meru High court), the Applicant filed an Application for Review before the high court in Meru, being Criminal Revision No. E188 OF 2024. That Application was transferred to this court and designated as Criminal Revision No. E016 of 2025. The record shows that the said Application was never prosecuted. b). It is also apparent that prior to the filing of the above stated Review Application, the Applicant had filed another Application, being Criminal Revision No. E010 of 2025. That Application was heard and struck off on 30th July 2025 on grounds that the high court had become *functus officio.* c). The present Application was filed at Embu high court on 3rd 18/6/2025. It was transferred to this court and given the current case Number. It seeks the same prayers that were sought in the Isiolo high court Criminal Review Application No. E010 of 2025. 7. Under Review Application No. E 010 of 2025, this court had decided that this court has no jurisdiction to grant the prayers sought. The position remains the same. 8. The Applicant is well- advised not to keep making rounds at the various high court stations. If he is dissatisfied with the findings of one high court, the next port of call is certainly not another high court. 9. I consider the multiplicity of Applications through the various high court stations an abuse and misuse of the court process, and a waste of Judicial time by the Applicant. 10. The Court reiterates that this court is *functus officio* in as far as a Review Application goes. The Application is hereby struck off. Dated, signed and delivered at Isiolo this 9th day of July 2026 S. Chirchir Judge. In the presence of : Barako Huka- Court Assistant The Applicant Mr. Majale for the Respondent.