Omol v Republic [2024] KEHC 5295 (KLR)

Omol v Republic (Criminal Revision E098 of 2024) [2024] KEHC 5295 (KLR) (17 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5295 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E098 of 2024

RE Aburili, J

May 17, 2024

Between

Wicliffe Ouma Omol

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the High Court Criminal Case No. 24 of 2020 at Kisumu)

Ruling

1. The Applicant is a convict vide Kisumu HCCR No. 24 of 2020. He was sentenced to serve 30 years imprisonment for the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.

2. He now seeks for revision of that sentence.

3. This court has no jurisdiction to revise the sentence imposed by court of competent concurrent jurisdiction.

4. On whether Section 333(2) of the Criminal Procedure Code is applicable and can be invoked, the Applicant was under a duty to file copies of proceedings in this file to establish whether he was on bond during trial or he was in custody throughout the period.

5. The application dated 11th March 2024 is therefore found to be devoid of any merit and is hereby dismissed.

6. Signal to issue.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF MAY, 2024R. E. ABURILIJUDGE