Joseph Otieno Omala v Republic [2019] KEHC 11859 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL DIVISION

CRIMINAL REVISION NO. 64 OF 2019

JOSEPH OTIENO OMALA...................APPELLANT

VERSUS

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

(Being an application for Revision of sentence in Bondo  PMCCR  Case No. 108  of 2017 dated 17. 12. 2018).

RULING

1.  On 12th February, 2019 the applicant herein withdrew his appeal No. 5 of 2018 which was slated for hearing.

2. He has now filed an application for sentence revision.  He claims that he was convicted and sentenced to serve 5 years imprisonment for grievous harm and 1 year imprisonment for malicious damage to property meted out on 1. 1.2018.

3. However, in HCRA 5/2018 he had challenged his conviction for robbery with violence contrary to section 296(2) in Bondo PM CR. Case No. 108 of 2017 on 19. 1.2018.

4. In this case, he is using Bondo PM CR. Case No. 108 of 2018.

5. In my view, the applicant is a dishonest seasoned criminal who wants to hoodwink the Court into believing that he is reformed but fraudulently using two different Court files to achieve the same outcome – freedom through the backdoor.

6. I find this application mischievous frivolous and abuse of Court process.  I dismiss it.

7. File Closed.

Dated, signed and delivered at Siaya this 16th day of October, 2019.

R.E. ABURILI

JUDGE