Omollo v Republic [2024] KEHC 15109 (KLR)

Omollo v Republic (Criminal Petition E004 of 2024) [2024] KEHC 15109 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15109 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E004 of 2024

RE Aburili, J

November 22, 2024

Between

Jared Ouma Omollo

Applicant

and

Republic

Respondent

Ruling

1. The Petitioner is Jared Ouma Omollo. He was convicted and sentenced to serve death sentence on 3/5/2006 vide Siaya PM Cr. 46/2006.

2. He appealed vide HCRA 76/2006 Kisumu which appeal was dismissed. The offence was robbery with violence contrary to Section 296(2) of the Penal Code. He never appealed to the Court of Appeal.

3. Death sentence was commuted to life imprisonment. He now seeks for sentence review.

4. I find no jurisdiction to review lawful sentence which was commuted to life imprisonment as clarified by the Supreme Court in Pet. E018/2023 that mandatory sentences are lawful and constitutional. I dismiss the Petition dated 7/2/2024 for want of merit. File closed. Signal to issue.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE