Oruko v Republic [2024] KEHC 13387 (KLR)

Oruko v Republic (Criminal Miscellaneous Application E016 of 2024) [2024] KEHC 13387 (KLR) (22 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13387 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Miscellaneous Application E016 of 2024

RE Aburili, J

October 22, 2024

Between

George Omondi Oruko

Applicant

and

Republic

Respondent

Ruling

1. The applicant George Omondi Oruko is a convict vide Siaya CM Cr. Case No. 942/2015 on 26/7/2017, for the offence of grievous harm contrary to Section 234 of the Penal Code and was sentenced to serve 13 years imprisonment. The offence carries up to life imprisonment.

2. He appealed vide Siaya HCCRA 72/2017 which appeal for sentence reduction was dismissed vide judgment of 23/1/2019. He is back to the same court seeking that sentence be reviewed.

3. This application filed on 21/2/2024 is similar to the appeal against sentence in HCRA 72/2017 which was dismissed after considering a probation officer’s sentence reduction report.

4. I find this application an abuse of court process and this court is without jurisdiction to keep reviewing and reducing sentence in the numerous applications/appeals by the same person to achieve the dame purpose.

5. The application filed on 21/2/2024 for sentence review is dismissed.

6. File closed.

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