[2025] KEHC 2077 (KLR)
The court found that the applicant had already benefited from resentencing following the challenge to the constitutionality of the mandatory death sentence. Given the aggravating circumstances of the offence, including the use of weapons and injury to the complainant, the sentence of 20 years imprisonment was deemed...
Source-derived case information.
- Citation
- [2025] KEHC 2077 (KLR)
- Parties
- Applicant: Simon Oriku Miheso; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 267 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Robbery With Violence, Mandatory Sentencing, Resentencing, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Oriku Miheso
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application challenging the sentence is merited in light of prior resentencing.
- 2 Whether the applicant is entitled to further revision of sentence after resentencing.
- 3 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had already benefited from resentencing following the challenge to the constitutionality of the mandatory death sentence. Given the aggravating circumstances of the offence, including the use of weapons and injury to the complainant, the sentence of 20 years imprisonment was deemed appropriate. The court held that the present application was an abuse of the court process and dismissed it, further barring the applicant from filing similar applications without leave of the court.
Court Disposition
application dismissed
Orders
- The application is dismissed as an abuse of 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
Miheso v Republic (Criminal Revision 267 of 2024) [2025] KEHC 2077 (KLR) (10 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2077 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 267 of 2024
DR Kavedza, J
February 10, 2025
Between
Simon Oriku Miheso
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged with the offence of robbery with violence contrary to section 295 as read with section 296(2) of the Penal Code. He was also charged with the offence of possession of public stores contrary to section 324(3) as read with section 36 of the Penal Code, having been found in possession of hand cuffs. In the first count, the applicant committed the offence while armed with a pistol and a knife, and during the robbery, he wounded the complainant.
2. In 2019, he filed a miscellaneous application 197 of 2019 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 28th of May 2020 by the lower 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. 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 10TH FEBRUARY 2025____________D. KAVEDZAJUDGE