Onjote v Republic [2022] KEHC 18047 (KLR)

Onjote v Republic (Miscellaneous Criminal Application E031 of 2021) [2022] KEHC 18047 (KLR) (16 December 2022) (Ruling)

Neutral citation: [2022] KEHC 18047 (KLR)

Republic of Kenya

In the High Court at Bungoma

Miscellaneous Criminal Application E031 of 2021

REA Ougo, J

December 16, 2022

Between

Alfred Njite Onjote

Applicant

and

Republic

Respondent

Ruling

1. Alfred Njite Onyote the applicant in a Notice of Motion filed on the March 1, 2021 states in his petition granted that he was convicted and sentence to serve 21 years for the offence of murder. He claims that the sentence is harsh exercise, inhuman….is pleading for mercy and leniency in sentence reduction. He has listed the rehabilitation courses he has undertaken and states that he is very remorseful for the offence committed and pleads for mercy. He has cited various cases to back his application.

2. The application was opposed by the Respondent. Ms Omondi urged this court to dismiss the application. She stated that the appellant was convicted and sentenced to 21 years jail. That the sentence was within the circumstances and that this court is funtus officio.

3. On the June 10, 2019 Jusitce Abida Aroni convicted the appellant with the offence of murder. The appellant was convicted by a court of concurrent jurisdiction. I agree with the respondent that this court is functus officioand that the application has no merit. The appellant only avenue is to move to the Court of Appeal. The Notice of Motion filed on the March 1, 2019 is dismissed. File is closed.

DATED, SIGNED, AND DELIVERED AT BUNGOMA VIA MICROSOFT TEAMS THIS 16TH DAY OF DECEMBER, 2022R.E. OUGOJUDGEIn the presence of:Ms Omondi – State CounselMs Wilkister – Court Assistant.Applicant : Alfred Njita Ongote – present online.