Raphael Wanyonyi v Republic

Wanyonyi v Republic (Criminal Miscellaneous Application E073 of 2025) [2026] KEHC 2896 (KLR) (6 March 2026) (Ruling) Neutral citation: [2026] KEHC 2896 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL MISCELLANEOUS APPLICATION E073 OF 2025 A MABEYA, J MARCH 6, 2026 BETWEEN RAPHAEL WANYONYI .......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. By its Judgment made on 12/6/2023, this Court (Aburili J), dismissed the appeal by Raphael Wanyonyi (‘the applicant’) on conviction but reduced the sentence of 20 years to 15 years. The Court also ordered that the 3 days he had been in custody be taken into account while calculating the applicant’s sentence. 2. The applicant had been convicted by the Nyando Senior Principal Magistrate’s Court of the ofience of defilement contrary to section 8(1) and 8)3) of the Sexual Offences Act No. 3 of 2006. He had been found guilty of having caused his penis to penetrate the vagina of D.N.A a child of 13 years. 3. Vide an undated Motion on Notice lodged in Court in December, 2025, the applicant sought that the said judgment be reviewed. That there was new and compelling evidence that had come to light after the trial. That it was wrong for the Court to believe the evidence of Pw 2 and Pw 3 who pretended to be a Medical practitioner and employee of Ahero County Hospital yet he was not. Ms. Kagali left the matter to the Court. 4. I have considered the Motion. It is clear from the grounds set out in the Motion, that the applicant is aggrieved with the way the evidence of the prosecution was analyzed and admitted. That the same was false and should not have been believed. 5. The foregoing being the case, it is not part of this Court to review judgments or decisions of concurrent courts. That is the preserve of the Court of Appeal. The grounds set out in the Motion can only be advanced before the Court of Appeal and not before this Court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2896/eng@2026-03-06 1

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