Ekitela v Republic (Miscellaneous Criminal Application E022 of 2024) [2024] KEHC 15310 (KLR) (19 November 2024) (Ruling) Neutral citation: [2024] KEHC 15310 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA MISCELLANEOUS CRIMINAL APPLICATION E022 OF 2024 RPV WENDOH, J NOVEMBER 19, 2024 BETWEEN JOHN EKAI EKITELA ............................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By the Notice of Motion dated 6/8/2024, the Applicant John Ekai Ekitela sought a review of his sentence. He was charged with the ofience of murder and he was sentenced to life imprisonment, and he appealed to the Court of Appeal vide Criminal Appeal 17/2016 but it was dismissed. 2. Mr. Majale, the Prosecution counsel, opposed the application on grounds that it is misplaced. 3. The Appellant having been sentenced by this court and his appeal dismissed by the Court of Appeal, if he is still aggrieved, he should move to Supreme Court. He cannot come back down to this court. 4. This application is an abuse of court process and is hereby dismissed. DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 19TH DAY OF NOVEMBER, 2024. R. WENDOH JUDGE Ruling delivered in open Court and in the presence of: State Counsel: Mr. Majale Court Assistant: Juma/Hellen Appellant: Virtual https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/15310/eng@2024-11-19 1
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