Opondo & another v Republic & another [2024] KEHC 13385 (KLR)

Opondo & another v Republic & another (Criminal Miscellaneous Application E005 of 2024) [2024] KEHC 13385 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13385 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E005 of 2024

RE Aburili, J

October 22, 2024

Between

Leonard Owino Opondo

1st Applicant

Leonard Owino Opondo

2nd Applicant

and

Republic

1st Respondent

Republic

2nd Respondent

Ruling

1. The applicant Leonard Owino Opondo is a convict in Ukwala SRM Criminal Case No. 34/2014 and Siaya SPM Criminal Case No. 157/2016. He was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. he was sentenced to serve twenty (20) years imprisonment.

2. He appealed vide Siaya HCCRA 147/2016 which appeal against conviction and sentenced was dismissed on 30/5/2018. He has applied vide his Notice of Motion dated 2/1/2024 for review of sentence on account that he is remorseful and that it is anger which provoked him to commit the offence. E promises to be an ambassador in anti-crime campaign given a change. I have considered the application by the convict.

3. The offence of manslaughter carries up to a maximum of life imprisonment. There are no reason in law for this court to revise the 20 years imprisonment as upheld on appeal.

4. I find the application dated 2/1/2024 devoid of any merit. It is hereby dismissed. File closed.

RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE