Otieno v Republic [2023] KEHC 24322 (KLR)

Otieno v Republic (Criminal Revision E019 of 2023) [2023] KEHC 24322 (KLR) (27 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24322 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E019 of 2023

RE Aburili, J

October 27, 2023

Between

Sunday Olise Otieno

Applicant

and

Republic

Respondent

(From the original conviction and sentence in High Court Criminal Case No. 22 of 2014 at Homabay)

Ruling

1. From the application herein filed by Sunday Olise Otieno, it is clear that he was convicted and sentenced to death vide Homabay HCCRC No. 22 of 2014.

2. This application is for resentencing. It is only the trial court that has the power to resentence a convict.

3. As this court has no Geographical jurisdiction to entertain this matter, I hereby close this file and direct that the file be transferred to Homabay High Court for consideration.

4. The convict who is serving sentence at Shimo La Tewa prison to be notified through prisons authorities.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE