Julius Oduor Ogolla v Republic [2021] KEHC 1759 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E110 OF 2021

CORAM: R.E. ABURILI, J

JULIUS ODUOR OGOLLA................................................APPLICANT

VERSUS

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

(An Application arising from conviction and sentence of the High Court at Siaya in Cr. Case No. 29 of 2015)

RULING

1. This matter is related to Misc. Criminal Application No. E115/2021 and E111/2021. In both cases, the original trial court file is Siaya HCR 29/2015 where they were convicted of the lesser offence of Manslaughter contrary to Section 202 after a trial for murder and sentenced to serve 10 years imprisonment. There is no appeal lodged.

2. The applicant/convict was released on bond pending trial and was given the less severe sentence as contemplated in Article 50(2)(p) and 25(2) of the Constitution.

3. Considering the maximum punishment for Manslaughter upon conviction is upto life imprisonment, I find the applicant to be mischievous and his application is misconceived. The same is hereby declined and dismissed.

4. File closed.

Dated, signed and delivered at Siaya this 16th Day of November, 2021

R.E. ABURILI

JUDGE