Mangala v Republic (Miscellaneous Criminal Application E052 of 2026) [2026] KEHC 5261 (KLR) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 5261 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E052 OF 2026 DR KAVEDZA, J APRIL 23, 2026 BETWEEN MARK LITIEMA MANGALA ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged and after a full trial convicted for the ofience of robbery with violence contrary to section 296(2) of the Penal Code. He was sentence to death and sentence commuted to life imprisonment. This court revised the sentence to thirty years imprisonment. 2. The appellant has now presented this fresh application seeking a further sentence review. 3. The record clearly demonstrates that this court has already exercised its 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/2026/5261/eng@2026-04-23 1
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