Paul Wanjala Alias Junior v Republic

Wanjala alias Junior v Republic (Criminal Revision E254 of 2024) [2025] KEHC 15753 (KLR) (16 October 2025) (Ruling) Neutral citation: [2025] KEHC 15753 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CRIMINAL REVISION E254 OF 2024 MS SHARIFF, J OCTOBER 16, 2025 BETWEEN PAUL WANJALA ALIAS JUNIOR ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Paul Wanjala alias Junior was charged jointly with other tried and convicted of the ofience of child stealing contrary to section 174(1)(b) of the penal code in Kimilili SPM CCRC No. E 329/2022 of the Applicant and his co-accused were sentenced to serve 5 years custodial term. 2. The Applicant subsequently filed Bungoma HC Misc CR A No. E013 of 2023, seeking revision of his sentence and his said application was disallowed on 14.9.2023 by my brother Justice Kemei. 3. It is noteworthy that the Applicant had also filed an appeal being Bungoma HCCRA No. E001/2023, which appeal was dismissed summarily on 3.3.2025 as the same craved for reduction of sentence on humanitarian grounds. 4. Upon dismissal of his revision Application No E013 of 2023, in the year 2024, the Applicant yet again filed Bungoma HC CR Revision Case No. E254 of 2024, which is presently under consideration. 5. In light of the fact that this court had already rendered itself in the earlier application, I am functus officio, and I cannot sit on appeal on the ruling of my brother Justice Kemei. 6. The application herein is for reasons a forestated devoid of merit and is hereby dismissed. 7. This file is hereby marked as closed. DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 16TH DAY OF OCTOBER, 2025. MWANAISHA S. SHARIFF https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15753/eng@2025-10-16 1

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