Okello v Republic [2023] KEHC 27091 (KLR)

Okello v Republic (Miscellaneous Criminal Application E073 of 2023) [2023] KEHC 27091 (KLR) (18 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27091 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E073 of 2023

RE Aburili, J

December 18, 2023

Between

Titus Owino Okello

Applicant

and

Republic

Respondent

(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Case No 534 of 2018 at Maseno)

Ruling

1. The Applicant Titus Owino Okello was convicted of the offence of Robbery with violence contrary to Section 296(2) of thePenal Code and sentenced to serve fifteen (15) years imprisonment vide Maseno SPM Criminal Case No. 534 of 2019.

2. He claims that he appealed to this court vide Kisumu HCCRA No. 49 of 2019 which was dismissed.

3. He then applied under Section 333(2) of theCriminal Procedure Code vide HCCR Misc. No. E027 of 2021 and the sentence was reduced to ten (10) years imprisonment.

4. He now claims that he is rehabilitated and wants a further review of sentence to a lesser severe sentence.

5. I have considered the application. The Applicant/Convict has already benefitted from Sentence Review twice. I am unable to exercise any further discretion considering that he was not given the Mandatory death sentence under Section 296(2) of the Penal Code.

6. I find this application devoid of any merit. It is hereby dismissed.

7. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF DECEMBER, 2023R. E. ABURILIJUDGE