Jackson Pchumba Limaki v Republic

Limaki v Republic (Miscellaneous Criminal Application E028 of 2024) [2024] KEHC 16620 (KLR) (16 December 2024) (Ruling) Neutral citation: [2024] KEHC 16620 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA MISCELLANEOUS CRIMINAL APPLICATION E028 OF 2024 RPV WENDOH, J DECEMBER 16, 2024 BETWEEN JACKSON PCHUMBA LIMAKI ............................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Jackson Pchumba Limaki was convicted for the ofience of Manslaughter and sentenced to ten (10) years imprisonment. 2. He prays that the period he spent in remand be considered as part of the sentence. 3. Mr. Majale, Prosecution Counsel opposed the application for reasons that having been sentenced by this court, it lacks jurisdiction to hear the application. 4. Having perused the file, I note that the applicant was sentenced by the lower court for ofience of Manslaughter. He filed an application for review of his sentence in Criminal Misc. Application No. E001 of 2024 and on 22/2/2024 Judge Mrima declined to grant the same. The Judge must have considered what the applicant seeks in the current application. Having declined to revise the trial court’s judgement, the applicant cannot come back to the same court for review. If dissatisfied he should proceed to Court of Appeal. DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 16TH DAY OF DECEMBER, 2024 R. WENDOH. JUDGE. Ruling delivered in open court in the presence of: Applicant in person (virtual) https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/16620/eng@2024-12-16 1

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