Daniel Otieno Oloo v Republic [2022] KEHC 1114 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E033 OF 2022

CORAM: HON. R.E. ABURILI, J

DANIEL OTIENO OLOO.....................................................................................APPLICANT

VERSUS

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

(Being an Application arising from conviction and sentence of the High Court at Siaya

in HCCRA No. 44A of 2018 AND originally from Siaya Magistrates’ Court

in Cr. Case No. 3/2018)

RULING

1. I have considered the application that the applicant’s sentence to take into account the period spent in custody.

2. I observe that the applicant is a convict in Siaya PM Cr. Case No. 3/2018 wherein he was convicted and sentenced to serve life imprisonment by Hon. James Ong’ondo, PM on 24/8/2018.

3. He appealed before this court vide HCRA 44A of 2018 which appeal against conviction was dismissed on 6/10/2020.

4. The Judgment on appeal on sentence is clear that the sentence was reduced to 30 years’ imprisonment from the indefinite life imprisonment, and the term sentence was to be calculated from 31/12/2017 the date of arrest of the appellant.

5. That being the case, it is clear that this court has exhausted its jurisdiction on matters sentence, having resentenced him to a lesser severe sentence and taken into account the period served in remand custody pending trial.  The court cannot revisit a matter it conclusively handled.

6. Accordingly, this application is found to be devoid of merit. It is hereby dismissed.

7. File closed.

Dated, signed and Delivered at Siaya this 23rd Day of March, 2022

R.E. ABURILI

JUDGE