Ogutu v Republic [2023] KEHC 25605 (KLR)

Ogutu v Republic (Miscellaneous Criminal Application E070 of 2023) [2023] KEHC 25605 (KLR) (17 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25605 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E070 of 2023

RE Aburili, J

November 17, 2023

Between

Amos Onyango Ogutu

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No. E112 of 2022 at Tamu)

Ruling

1. Although the application for sentence reduction on health grounds was dated 30th June 2023 it was not until 5th November 2023 when it was filed in this court.

2. I have perused the application which is supported by an unsworn affidavit purporting to annex medical documents but no single document is annexed.

3. The application in addition does not even state when the applicant was convicted and sentenced by the Tamu Court.

4. The applicant does not explain why he did not appeal against the sentence of seven (7) years imprisonment for stock theft as the offence is serious and the court cannot merely reduce such sentence to a non-custodial one without compelling reasons.

5. No proceedings from the trial court were annexed to the application.

6. I find no merit in this application which is hereby dismissed.

7. The file is closed.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE