Garison Kamau Waithanje v Republic

Waithanje v Republic (Criminal Revision E024 of 2021) [2023] KEHC 1601 (KLR) (10 March 2023) (Ruling) Neutral citation: [2023] KEHC 1601 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CRIMINAL REVISION E024 OF 2021 MM KASANGO, J MARCH 10, 2023 BETWEEN GARISON KAMAU WAITHANJE ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (A criminal revision from the original conviction and sentence in Chief Magistrate Court at Gatundu (A M Maina, PM) dated August 4, 2016 in criminal Case no 231 of 2015) RULING 1. Garison Kamau Waithanje was convicted in Gatundu CM Court Criminal Case no 231 of 2015 with the ofience of defilement contrary to section 8(1)(8)(2) of the Sexual Offences Act. He was convicted on August 4, 2016 and was sentenced to life imprisonment. 2. Garison has filed before this court two revision applications to have the court revise his sentence. The two applications before this court are Criminal Revision no 321 of 2020 and Criminal Revision no E024 of 2021. 3. The applications are mischievous and abuse of the court process. I say so because Garison filed an appeal before this court against his conviction and sentence by CM court Gatundu being Kiambu High Court Criminal Appeal no 44 of 2017. This court by its judgment of August 23, 2017 dismissed that appeal against conviction and sentence. 4. Garison appealed before the Court of Appeal being Criminal Appeal no 38 of 2019. The Court of Appeal by the judgment of July, 24, 2020 dismissed Garison’s appeal against conviction and sentence. 5. Garison is abusing this court’s process in filing two separate applications for revision of his sentence which sentence was confirmed by this court and by the Court of Appeal. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1601/eng@2023-03-10 1

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