Kennedy Odhiambo Omoro v Republic [2021] KEHC 5579 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. E059 OF 2021

CORAM: R.E. ABURILI, J

KENNEDY ODHIAMBO OMORO.............................APPLICANT

VERSUS

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

(Being an Application for Revision of sentence in Siaya PM Court’s Criminal Case No. 581 of 2017 on 12/12/2018 AND Siaya HC Cr. Appeal No. 89 of 2018 on 16/1/2018, HC Cr. Revision 2 of 2018 and HC Cr. Revision 3 of 2019 on 26/9/2019)

RULING

1. The convict Kennedy Odhiambo Omoro was convicted of the offence of breaking into a building and committing a felony contrary Section 306 of the Penal Code in Siaya PM Criminal Case No. 581 of 2017. He filed an appeal vide Siaya HCRA 89 of 2018 which was rejected and declined on 16/1/2018.  He filed Criminal Revision No. 2 of 2018 which was similarly rejected.  He filed another Criminal Revision No. 3 of 2019 which was dismissed on 26/9/2019 by this court.  Again he is here with another request for sentence revision.

2. This court has no jurisdiction to revisit or sit and resit on its own appeal.  The application for sentence revision is therefore declined and dismissed.

3. File closed.

4. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021

R.E. ABURILI

JUDGE