Omondi v Republic [2024] KEHC 11165 (KLR)

Omondi v Republic (Criminal Revision E139 of 2024) [2024] KEHC 11165 (KLR) (25 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11165 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E139 of 2024

RE Aburili, J

September 25, 2024

Between

Erick Ochieng Omondi

Applicant

and

Republic

Respondent

Ruling

1. The applicant herein Erick Ochieng Omondi seeks for review of death sentence commuted to life imprisonment for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide Kisumu HCCRC No. 37 of 2011.

2. The Applicant has not annexed any court proceedings for the court to appreciate circumstances under which the offence was committed, even assuming that he seeks for resentencing under the Francis Kariouko Muruatetu v R [2017]e KLR principle and neither has he explained why he never appealed to the Court of Appeal.

3. I find the application dated 29th August 2024 not supported. It is hereby dismissed.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE