Samuel Ouma alias Amboye Ochiko v Republic [2021] KEHC 1423 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

MISCELLANEOUS CRIMINAL APPLICATION NO. 53 OF 2017

SAMUEL OUMA Alias AMBOYE OCHIKO..................................PETITIONER

VERSUS

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

RULING

1. This matter was placed before me for the purpose of giving directions, in view of the recent decision by the Supreme Court in Francis Karioko Muruatetu & another vs. Republic; Katiba Institute & 5 others(Amicus Curiae[2021] (Koome CJ&P, Mwilu DCJ&VP, Ibrahim, Wanjala, Ndung’u & Lenaola SSJJ), with respect to mandatory sentences, where it was clarified that the decision, in Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), had arisen from proceedings relating to murder, under section 204 of the Penal Code, Cap 63, Laws of Kenya, and the position stated in the said decision was intended to apply only to mandatory sentences with respect to murder cases.

2. The Motion herein, dated 28th March 2017, filed herein on 14th June 2017, is not founded on Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ&P, Mwilu DCJ&VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), for the applicant does no seek review of sentence. He was convicted in Butere SRMCCRC No. 512 of 2009 of the offence he has not disclosed. It is not clear whether he filed any appeal. His Motion is so vague that I cannot make out what the applicant is seeking from court. In the circumstances, I shall strike out the motion and order closure of the file.

3.  The Deputy registrar shall cause copies of this ruling to be availed to the Petitioner and the Officer of Director Public Prosecution.

DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 10TH DAY OF  DECEMBER,  2021

W MUSYOKA

JUDGE