Obondo v Republic [2024] KEHC 10028 (KLR)

Obondo v Republic (Criminal Application E036 of 2024) [2024] KEHC 10028 (KLR) (12 August 2024) (Ruling)

Neutral citation: [2024] KEHC 10028 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Application E036 of 2024

RE Aburili, J

August 12, 2024

Between

Michael Onyango Obondo

Applicant

and

Republic

Respondent

((From the original conviction and sentence in Nyando SPM Criminal Case No. 1896 of 2005))

Ruling

1. The applicant is a convict for the offence of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death. He appealed to the High Court vide HCRA 181 of 2007 which appeal was dismissed. he appealed to the Court of Appeal vide CoA 224 of 2015 and again, the appeal was dismissed. he returned to the High Court vide Petition 38 of 2018 for resentencing and the death sentence was reduced to thirty years imprisonment. he now wants to appear before this court and demand for a noncustodial sentence.

2. the convict is making a joke of this court. I find the application an abuse of court process.

3. I find no substance in the application dated 15//7/2024 which I hereby dismiss as it is a waste of this court’s time and resources.

4. Signal to issue.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE