Mohammed v Republic (Criminal Miscellaneous Application E064 of 2024) [2024] KEHC 11905 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11905 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL MISCELLANEOUS APPLICATION E064 OF 2024 RE ABURILI, J SEPTEMBER 27, 2024 BETWEEN ANTONY CHACHA MOHAMMED ..................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant is Antony Chacha Mohamed. He was convicted vide Bondo PM S.O Case No. 122/2016 of the ofience of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act and sentenced to serve 15 years imprisonment. 2. He appealed vide HCRA 123/2016 and vide judgment delivered on 19/2/2018, the conviction and sentence were upheld. 3. He has now applied vide his application dated 21/2/2024, seeking that the period he spent in custody during trial be considered under Section 333 (2) of the Criminal Procedure Code. 4. The applicant/convict had the opportunity to raise the issue on appeal. This court shall not revisit a matter which was concluded by the same court on appeal. 5. I find the application dated 21/2/2024 not merited. It is hereby dismissed. This file is closed. 6. I so order. DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11905/eng@2024-09-27 1
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