Litunya v Republic [2023] KEHC 855 (KLR)

Litunya v Republic (Miscellaneous Criminal Application E011 of 2023) [2023] KEHC 855 (KLR) (16 February 2023) (Ruling)

Neutral citation: [2023] KEHC 855 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E011 of 2023

RE Aburili, J

February 16, 2023

Between

Douglas Musa Litunya

Applicant

and

Republic

Respondent

(Being an Application for sentence review in Judgment, conviction and sentence in Siaya HC Criminal Case No. 50/2015 by Hon. J. A. Makau - Judge Criminal Case 50 of 2015 )

Ruling

1. I have perused the application filed on February 6, 2023 by the convict Douglas Musa Litunya who is serving death sentence at Manyani Maximum Prison. The applicant seeks for review of death sentence imposed on him vide Siaya HC Cr 50/2015 by J Makau upon conviction for the offence of Murder. He does not indicate whether he appealed against that death sentence or not. He wants to be placed on probation. He has not attached any proceedings or judgment or order of the court on Appeal. No document to support the death sentence review is annexed.

2. The original court file is not traceable in our Registry and it no doubt appears that it was transmitted to the Court of Appeal as is the case with such serious cases.

3. I find the application not well grounded or supported by relevant material for consideration by this court. It is hereby dismissed.

4. File closed.

Dated, signed and delivered at Siaya this 16th Day of February, 2023R.E. ABURILIJUDGE