Simon Ouma Nyakidi v Republic [2022] KEHC 1124 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E032 OF 2022

SIMON OUMA NYAKIDI.......................................................................................APPLICANT

VERSUS

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

(Being an Application arising from conviction and sentence of the

High Court at Siaya in HCCRC No. 17 of 2015)

RULING

1.  The applicant is a convict in Siaya HCR 17/2015 wherein he was sentenced to serve 40 years imprisonment for the offence of Murder contrary to Section 203 read with Section 204 of the Penal Codeby Hon. A.J. Makau J on 19/4/2018.

2.  I observe that the convict filed his Notice of Appeal at Kisumu Court of Appeal and a record of Appeal was compiled by the High Court at Siaya and sent to Kisumu.  The outcome of the appeal is not indicated.

3.  That being the case, this court has no power to deal with a matter which is pending before the Court of Appeal for determination on merit both against conviction and sentence.  He can raise issue issues of Section 333(2) of the Criminal Procedure Codebefore the Court of Appeal.

4.  The application dated 12/3/2022 is therefore found to be improper.

5.  It is hereby dismissed.

6.  File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF MARCH, 2022

R.E. ABURILI

JUDGE