Elphas Kengo Onyango & Enos Kalo Akute v Republic [2019] KEHC 2161 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
(CORAM: CHERERE-J)
CRIMINAL PETITION NO. 33 OF 2019
BETWEEN
ELPHAS KENGO ONYANGO....................1st APPLICANT
ENOS KALO AKUTE................................2ND APPLICANT
AND
REPUBLIC.....................................................RESPONDENT
RULING
1. On 30th May, 2019, this court resentenced the Appellants and others to 30 years’ imprisonment.
2. The applicants pray for review of the sentence on the ground that they have been in custody for 16 years.
3. There is no provision in law that gives this court power to review its own order on sentence.
4. The Petition is considered and found to have no merit and it is dismissed.
DATED AND DELIVERED IN KISUMU THIS 13thDAY OF November,2019
T.W. CHERERE
JUDGE
Delivered in open court in the presence of-
Court Assistant -Amondi/Okodoi
1st Petitioner - Present in person
2nd Petitioner- Present in person
For the State -Ms. Gathu