Peter Omondi v Republic [2021] KEHC 1517 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E112 OF 2021

CORAM: R.E. ABURILI, J

PETER OMONDI.........................................................................................................APPLICANT

VERSUS

REPUBLIC.................................................................................................................RESPONDENT

(Being an Application arising from conviction and sentence of the Principal Magistrate’s court

at Ukwala in Criminal Case No. 15 of 2017)

RULING

1. The applicant was convicted of the offence of rape contrary to Section 3(1) and sentenced to serve 8 years 4 months imprisonment.  He claims that he did not appeal and wants sentence reduction.

2. However, the records show that he appealed vide Siaya HCRA 56/2017 at Siaya High Court which appeal was dismissed.  This court is deprived of jurisdiction to revisit the same matter having pronounced itself on conviction and sentence imposed on the applicant.

3. I find the application devoid of merit.  I declined it and dismiss it.

4. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021

R.E. ABURILI

JUDGE