Amina Magudi v Republic

Magudi v Republic (Miscellaneous Criminal Application E129 of 2026) [2026] KEHC 10747 (KLR) (15 July 2026) (Ruling) Neutral citation: [2026] KEHC 10747 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E129 OF 2026 DR KAVEDZA, J JULY 15, 2026 BETWEEN AMINA MAGUDI .................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged with and, after a full trial, convicted of the ofience of grievous harm contrary to section 234 of the Penal Code. She was sentenced to five (5) years' imprisonment. 2. By the present application the applicant seeks revision of her sentence on the ground that the period already served is sufficient and prays that the custodial sentence be substituted with a non-custodial sentence. 3. The record reveals that this is not the first such application. A similar application was dismissed by this Court in a ruling delivered on 17th September 2024. The applicant thereafter filed Criminal Revision No. E060 of 2024, which was dismissed on 19th November 2024. She subsequently filed Miscellaneous Criminal Application No. E035 of 2025, which was dismissed on 14th July 2025. In that ruling, the Court expressly barred the applicant from filing any further applications of a similar nature without first obtaining leave of the Court. 4. Despite that clear direction, the applicant has filed the present application without leave. The issues raised have been considered and conclusively determined on several occasions. This application is therefore repetitive, vexatious and an abuse of the court process. 5. Accordingly, the application is dismissed. The applicant shall continue serving the sentence imposed until its lawful conclusion. Orders accordingly. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10747/eng@2026-07-15 1

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