Oyienga v Republic [2022] KEHC 15165 (KLR)

Oyienga v Republic (Miscellaneous Criminal Application E090 of 2021) [2022] KEHC 15165 (KLR) (8 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15165 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E090 of 2021

RE Aburili, J

November 8, 2022

Between

Joseph Odhiambo Oyienga

Applicant

and

Republic

Respondent

(Application for resentencing in Kisumu CM Cr. 137 of 2001 and Kisumu HCCRA No. 233 of 2001)

Ruling

1. This matter was filed on October 29, 2021. The applicant/ convict seeks from this court orders that his consecutive sentences be combined so that he serves concurrent sentences to enable him leave prison as he has served 30 years imprisonment reimposed by Court of Appeal after the High Court upheld the death sentence which was later commuted to life imprisonment, following his conviction and sentence for robbery with violencevide Kisumu CMCr Case No 137/2001 on November 16, 2001.

2. I have considered the application. I find no substance in the request that consecutive sentences be made concurrent, which issue the High Court and Court of Appeal had the jurisdiction on the first and second appeals, to deal with.

3. The application is hereby dismissed.

4. File closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE