Okello v Republic (Criminal Appeal E133 of 2025) [2025] KEHC 18287 (KLR) (9 December 2025) (Ruling) Neutral citation: [2025] KEHC 18287 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL APPEAL E133 OF 2025 DR KAVEDZA, J DECEMBER 9, 2025 BETWEEN ROBERT OKELLO .................................................................................. APPELLANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The appellant was charged and, after a full trial, convicted by the Subordinate Court of the ofience of defilement contrary to section 8(1) as read with 8(3) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve twenty (20) years' imprisonment. 2. He filed an appeal challenging his conviction as sentence before this court in Kibera High Court Criminal Appeal No. E060 of 2024 (Robert Okello vs Republic). On 8th April 2025, this court found the appeal to be lacking in merit and dismissed it in its entirety. 3. The appellant has now presented this fresh appeal, once again challenging the same conviction and sentence arising from the same trial. 4. The record clearly demonstrates that this court has already exercised its appellate jurisdiction over the matter and rendered a final determination. This court is therefore functus oficio. Any further challenge lies only before the Court of Appeal. 5. In the circumstances, the present appeal is incompetent and amounts to a clear abuse of the court process. It is accordingly dismissed. Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY THIS 9TH DECEMBER 2025 _____________ https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18287/eng@2025-12-09 1
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D. KAVEDZA JUDGE In the presence: Mr. Odhiambo for the Appellant Mr. Mutuma for the Respondent Karimi Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18287/eng@2025-12-09 2
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