Owino v Republic [2022] KEHC 16794 (KLR)

Owino v Republic (Criminal Revision E121 of 2022) [2022] KEHC 16794 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16794 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E121 of 2022

RE Aburili, J

December 20, 2022

Between

Paul Ochieng Owino

Applicant

and

Republic

Respondent

(Being an Application seeking sentence review, arising from conviction and sentence in Siaya High Court Criminal Case No.E010 of 2021 by Hon. R.E.ABURILI J on 18th October 2021)

Ruling

1. The convict Paul Ochieng Owino was convicted on his own plea of guilty following plea bargaining from murder to manslaughter contrary to section 202 as read with section 205 of the Penal Code and sentenced to serve 7 years imprisonment.

2. He has served about one year now although the court directed that the prison term to be calculated from the date of his arrest which was April 17, 2021 as per the Information dated May 31, 2021. This court having sentenced him to a prison term has no power to review that sentence and the convict is not eligible for review of sentence for purposes of prison decongestion.

3. Accordingly, there is no other sentence to be reviewed.

4. File closed.

5. Orders accordingly.

Dated, signed and Delivered at Siaya this 20th Day of December, 2022R.E. ABURILIJUDGE