Oganga v Republic [2024] KEHC 16123 (KLR) | Sentence Reduction | Esheria

Oganga v Republic [2024] KEHC 16123 (KLR)

Full Case Text

Oganga v Republic (Criminal Revision E147 of 2024) [2024] KEHC 16123 (KLR) (17 December 2024) (Ruling)

Neutral citation: [2024] KEHC 16123 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E147 of 2024

RE Aburili, J

December 17, 2024

Between

John Ouma Oganga

Applicant

and

Republic

Respondent

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

Ruling

1. This file is similar to Criminal Revision No. E146 of 2024. The 2 applicants are both murder convicts in Kisumu HCCRC No. 67 of 2014.

2. They seek consideration of time spent in custody following reduction of sentence from death row to 20 years’ imprisonment on appeal vide Court of Appeal Criminal Appeal No. 156 of 2017.

3. No copies of proceedings are attached yet this is an old matter and the court records may not be traced. The applicant having gone through the judicial process and exhausted the remedies available on appeal, it was his duty to avail to this court documents that the court would peruse to establish whether the sentence reduction prayer sought is available.

4. I find the application to be devoid of substance and supporting material. It is hereby dismissed.

5. This file is closed.

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