Byron Omondi Otieno v Republic [2022] KEHC 1396 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISCELLANEOUS CRIMINAL APPLICATION NO. E035 OF 2022

CORAM: HON. R.E. ABURILI, J

BYRON OMONDI OTIENO..................APPLICANT

VERSUS

REPUBLIC..........................................RESPONDENT

(Being an Application arising from conviction and sentence from Principal Magistrate’s

Court at Ukwala in Criminal Case No. 352 of 2016)

RULING

1.  I have considered the application by the convict/applicant herein.  This is the 4th time this court is being confronted with proceedings of similar nature filed by the same applicant convict.  The first was in HCRA 142/2016 which appeal was heard and determined.

2.  The appeal against conviction and sentence of 10 years imprisonment for the offences of a firearm without a permit was dismissed.

3.  The applicant sought to appeal as a pauper but his application was declined.  He then filed Criminal Revision No. 6/2019 which was dismissed on 16/10/2019.  He now files this applications seeking for reduction of sentence under Section 333(2) of the Criminal Procedure Code.

4.  Regrettably, the applicant has not placed before this court any material to demonstrate that he was not on bond during trial and or that he did not abscond and that therefore he was not given the least severe sentence.

5.  For that reason, and as his affidavit on facts is not sworn, I find this application devoid of merit. It is hereby dismissed.

6.  File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MARCH, 2022

R.E. ABURILI

JUDGE