Mudenyo v Republic [2022] KEHC 18094 (KLR)

Mudenyo v Republic (Revision Case E235 of 2022) [2022] KEHC 18094 (KLR) (14 December 2022) (Ruling)

Neutral citation: [2022] KEHC 18094 (KLR)

Republic of Kenya

In the High Court at Bungoma

Revision Case E235 of 2022

REA Ougo, J

December 14, 2022

Between

Esther Mudenyo

Applicant

and

Republic

Respondent

Ruling

1. Esther Mudenyo the applicant was convicted on the 23. 3.2018 and sentenced to serve 20 years for the offence of murder under Section 204 of the Penal Code. She pleads that she is a young mother and her young children are suffering that the period she had been in prison she has maintained high standards of discipline and that the court should consider her background and family ties and that she has been separated from her family. She therefore seeks non custodial sentence.

2. The application was opposed by the Respondnet. M/s Omondi for the state submitted hat the applicant was convicted for murder and sentenced to 20 years imprisonment. That the trial court properly exercised its discretion in giving the said sentence for the offence she was convicted of attracts a death sentence that the application should be dismissed.

3. The court which sentenced the accused is a court of equal jurisdiction. I cannot review the sentence imposed as it amounts to sitting on appeal in a judgment and sentence of a court of similar jurisdiction. I find that the applicants application cannot stand. It has no merit and is dismissed. File is closed.

DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 14TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Esther Mudenyo – Appellant: present online.