Omache v Republic (Petition E011 of 2026) [2026] KEHC 10136 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 10136 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA PETITION E011 OF 2026 DR KAVEDZA, J JULY 13, 2026 BETWEEN INNOCENT OMACHE ......................................................................... PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Petitioner was charged with and convicted of robbery with violence contrary to section 296(2) of the Penal Code (Count I) and resisting arrest contrary to section 103(a) of the National Police Service Act (Count II). He was sentenced to life imprisonment on Count I, while the ten (10) year sentence on Count II was held in abeyance. 2. The Petitioner has filed the present petition seeking resentencing. He urges the Court to review the life sentence and substitute it with a definite custodial term. 3. I have considered the petition, the record and the applicable law. The record shows that this is not the first application by the Petitioner seeking review of the same sentence. He previously filed Misc. Criminal Application Nos. E059 and E080 of 2025, Criminal Petition Nos. E020 of 2025 and E006 of 2026, and Criminal Appeal No. E064 of 2025, all seeking substantially similar reliefs. Each application was heard and dismissed, with the Court declining to interfere with the sentence. The present petition raises no new matter of fact or law to justify reopening issues that have already been conclusively determined. 4. The doctrine of finality in litigation requires that disputes come to an end. A litigant cannot repeatedly invoke the Court's jurisdiction by filing successive applications seeking the same relief after previous applications have been determined. Such conduct amounts to an abuse of the court process. 5. Accordingly, I find the petition incompetent, frivolous and an abuse of the court process. It is dismissed in its entirety. The Petitioner shall not file any further application seeking resentencing arising from the same conviction and sentence without the prior leave of this Court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10136/eng@2026-07-13 1
page 1 of 2
Orders accordingly. RULING DATED AND DELIVERED VIRTUALLY 13TH DAY OF JULY 2026 ........................... D. KAVEDZA JUDGE In the presence of: Petitioner Present Mutuma for the Respondent Karimi Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10136/eng@2026-07-13 2
page 2 of 2