COO v Republic [2024] KEHC 4400 (KLR)

COO v Republic (Criminal Petition E010 of 2024) [2024] KEHC 4400 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4400 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Petition E010 of 2024

RE Aburili, J

April 25, 2024

Between

COO

Petitioner

and

Republic

Respondent

(From original conviction and sentence of Senior Principal Magistrate’s Criminal Case No. E055 of 2022 at Winam arising from High Court Criminal Appeal No. E058 of 2022 at Kisumu)

Ruling

1. I have considered the application dated 12th February 2024 seeking for review of sentence of 10 years imprisonment for the offence of rape.

2. This court has no power to review sentence without a basis as the convict has the opportunity to file an appeal.

3. The application is dismissed.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25THDAY OF APRIL, 2024R. E. ABURILIJUDGE