Omukhunya v Republic [2023] KEHC 24029 (KLR)

Omukhunya v Republic (Miscellaneous Criminal Application E037 of 2023) [2023] KEHC 24029 (KLR) (24 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24029 (KLR)

Republic of Kenya

In the High Court at Kakamega

Miscellaneous Criminal Application E037 of 2023

PJO Otieno, J

October 24, 2023

Between

Charles Omukhunya

Applicant

and

Republic

Respondent

Ruling

1. The Applicant seeks that the Court tampers with his sentence to serve fifteen (15) years imprisonment imposed by the trial Court on 3. 9.2018 and confirmed by the High Court in HCCR. Appeal No. 134/2018 by a Judgment dated 26. 9.2019.

2. The question of the length of sentence having been subjected to the decision by a Judge of concurrent jurisdiction, this Court has no jurisdiction to revisit the same and declares itself functus officio.

3. Let the Court file be closed.

DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 24TH DAY OF OCTOBER 2023. PATRICK J. O. OTIENOJUDGE