Odera alias Ezekiah v Republic [2024] KEHC 16124 (KLR)

Odera alias Ezekiah v Republic (Criminal Revision E146 of 2024) [2024] KEHC 16124 (KLR) (17 December 2024) (Ruling)

Neutral citation: [2024] KEHC 16124 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E146 of 2024

RE Aburili, J

December 17, 2024

Between

Nehemiah Ayugi Odera alias Ezekiah

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu High Court Criminal Case No. 67 of 2014)

Ruling

1. The applicant NEHEMIAH AYUGI ODERA alias EZEKIAH seeks for sentence reduction and consideration of the time spent in custody which is said to be 117 days prior to his conviction.

2. The Applicant is a murder convict in Kisumu High Court Criminal Case No. 67 of 2014). He appealed against the conviction and sentence, which appeal the Court of Appeal considered on merit and only allowed sentence review from death penalty to 20 years’ imprisonment.

3. The convict having gone through the appeal process should have filed the application with copies of proceedings in the High Court, this being an old case of 2014 and the court records may not be available in the registry.

4. I decline to grant the prayer sought for want of material in support thereof.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17THDAY OF DECEMBER, 2024R. E. ABURILIJUDGE