Oudu v Republic [2023] KEHC 3825 (KLR)

Oudu v Republic (Miscellaneous Criminal Application E058 of 2022) [2023] KEHC 3825 (KLR) (2 May 2023) (Ruling)

Neutral citation: [2023] KEHC 3825 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E058 of 2022

RE Aburili, J

May 2, 2023

Between

Eliud Oswago Oudu

Applicant

and

Republic

Respondent

Ruling

1. The applicant is Eliud Oswago Oudu. He claims that he was convicted and sentenced to death for the offence of murder contrary to section 203 as read with section 204 of the Penal Code on December 14, 2011 vide Kisumu HCCRC No. 41 of 2008.

2. According to the applicant, he appealed and the death sentence was reduced to twenty five (25) years imprisonment without considering section 333(2) of the Criminal Procedure Code, on the period he spent in custody.

3. He claims that he opted not to appeal to the court of Appeal. He has not annexed any proceedings or judgement or commitment to prison warrant.

4. Furthermore, this court does not comprehend how this court could have sentenced the applicant to death and then sit on its own appeal in a case file not cited at all and purport to reduce the death sentence to twenty five (25) years imprisonment.

5. I find the application is mischievous and devoid of any truthful information or material. It is hereby dismissed.

6. File closed.

Dated, Signed and Delivered at Kisumu this 2nd Day of May, 2023R. E. ABURILIJUDGE