Ndumba v Republic (Miscellaneous Criminal Application E136 of 2025) [2025] KEHC 14326 (KLR) (14 October 2025) (Ruling) Neutral citation: [2025] KEHC 14326 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E136 OF 2025 DR KAVEDZA, J OCTOBER 14, 2025 BETWEEN DICKSON LUMBASIO NDUMBA ........................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and convicted for the ofience of robbery with violence contrary to section 296(2) of the Penal Code. He was sentenced to serve life imprisonment. His appeal before this court was dismissed. 2. He has filed the present application seeking revision of sentence. The grounds raised are that he is the sole breadwinner in his family. Since his incarceration, his family has sufiered psychological trauma. He is remorseful for the ofience committed. He has undergone rehabilitation. He urged the court to revise the sentence of the trial court to a non-custodial sentence. 3. From the record, the applicant filed an appeal against his conviction and sentence which was heard and determined by this Court. This Court is therefore functus officio. The right forum for the applicant is the Court of Appeal. 4. In the circumstances, the application is dismissed. Order accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 14TH DAY OF OCTOBER, 2025 ........................................... D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14326/eng@2025-10-14 1
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