Owuor v Republic [2024] KEHC 15082 (KLR)

Owuor v Republic (Criminal Petition E001 of 2024) [2024] KEHC 15082 (KLR) (22 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15082 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E001 of 2024

RE Aburili, J

November 22, 2024

Between

Michael Oliech Owuor

Applicant

and

Republic

Respondent

Ruling

1. The Convict/Petitioner Michael Oliech Owuor was sentenced to serve 30 years imprisonment on 4/5/2020 vide Siaya CM Cr. 34/2020 for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.

2. He appealed vide HCCRA 8/2020 which appeal was dismissed on 16/12/2020. He now applies for sentence review to an alternative non-custodial sentence because he has children who are suffering.

3. I have considered the Petition and the affidavit in support. I find no residual jurisdiction to reduce lawful sentence noting that the offence involved loss of life and the cruel circumstances under which the deceased met her death. This was a gender-based violence of a husband butchering his wife to death.

4. I find the petition devoid of merit. It is hereby dismissed.

5. Signal to issue. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 22NDDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE