Okemwaa v Republic (Criminal Revision E040 of 2026) [2026] KEHC 5183 (KLR) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 5183 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA CRIMINAL REVISION E040 OF 2026 DR KAVEDZA, J APRIL 23, 2026 BETWEEN ROBERT AMOLLO OKEMWAA ........................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and after a full trial convicted for the offence of Sexual Assault contrary to section 5(1)(a)(i)(2) of the Sexual Offences Act No. 3 of 2006. He was sentenced to serve thirty (30) years imprisonment. On appeal, his sentence was reduced to ten (10) years. 2. By the present undated application seeking sentence review. The grounds in support of the application are that he is remorseful, a first offender and seeks the court intervention for a non-custodial sentence. 3. 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 officio. Any further challenge lies only before the Court of Appeal. 4. 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 23RD DAY OF APRIL 2026 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5183/eng@2026-04-23 1
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