Robert Maganga v Republic

Maganga v Republic (Miscellaneous Criminal Application E430 of 2025) [2026] KEHC 8522 (KLR) (9 June 2026) (Ruling) Neutral citation: [2026] KEHC 8522 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E430 OF 2025 PK ROTICH, J JUNE 9, 2026 BETWEEN ROBERT MAGANGA .............................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted for the ofience of defilement on his own plea of guilty 9th December,2015 by Hon. I.Ruguru(SRM) in Mombasa CM Criminal No.37 of 2024 and sentenced to life imprisonment. The applicant sought for re-sentencing in Mombasa HC Petition No.120 of 2019 and the Court(Hon.Mr.Justice E.K.Ogola) reduced the applicant’s sentence to 24 years vide a Judgement delivered on 28th January,2021. The applicant, further, made an application Mombasa HC Miscellaneous Criminal Application No.E191 of 2022 and Hon.Lady Justice A.Ong’injo,J ordered his sentence of 24 years commences sentenced on 6th January, 2014 when he was arraigned. 2. Not relenting the applicant, however, in this application still seeks a revision to have the remaining period of his sentence commuted to probation. To support the application, the applicant in his affidavit states having been in custody for twelve(12) years, he has reformed and therefore, ready for integration also avers that that his wife and his 4 children have sufiered in his absence since he was their bread winner. 3. It is, however, the Court’s finding that it has no jurisdiction to revise the decision of another Judge of concurrent jurisdiction requested by the applicant. To do so would be tantamount to sitting on appeal against the Judgement of my sister Hon. Lady Justice A. Onginjo and Hon.E.Ogola This matter is, therefore, struck out for want of jurisdiction. DATED, SIGNED AND DELIVERED ONLINE VIDE MS TEAMS THIS 9TH JUNE,2026 HON. P.K. ROTICH https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8522/eng@2026-06-09 1

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