[2024] KEHC 10028 (KLR)
The court found that the applicant, having already been resentenced from death to thirty years imprisonment after exhausting his appeals, was not entitled to seek a further reduction to a noncustodial sentence. The court held that the application was frivolous, lacked substance, and amounted to an abuse of the court...
Source-derived case information.
- Citation
- [2024] KEHC 10028 (KLR)
- Parties
- Applicant: Michael Onyango Obondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E036 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Noncustodial Sentence After Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing, Resentencing, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Onyango Obondo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Noncustodial Sentence After Resentencing
Legal Issues
- 1 Whether the applicant is entitled to a noncustodial sentence after resentencing from death to thirty years imprisonment.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant, having already been resentenced from death to thirty years imprisonment after exhausting his appeals, was not entitled to seek a further reduction to a noncustodial sentence. The court held that the application was frivolous, lacked substance, and amounted to an abuse of the court process. The court emphasized that judicial resources should not be wasted on applications that have no legal basis or merit, especially where the applicant has already benefited from resentencing. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 15/7/2024 is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
21 paragraphs
Obondo v Republic (Criminal Application E036 of 2024) [2024] KEHC 10028 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10028 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E036 of 2024
RE Aburili, J
August 12, 2024
Between
Michael Onyango Obondo
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Nyando SPM Criminal Case No. 1896 of 2005))
Ruling
1. The applicant is a convict for the offence of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death. He appealed to the High Court vide HCRA 181 of 2007 which appeal was dismissed. he appealed to the Court of Appeal vide CoA 224 of 2015 and again, the appeal was dismissed. he returned to the High Court vide Petition 38 of 2018 for resentencing and the death sentence was reduced to thirty years imprisonment. he now wants to appear before this court and demand for a noncustodial sentence.
2. the convict is making a joke of this court. I find the application an abuse of court process.
3. I find no substance in the application dated 15//7/2024 which I hereby dismiss as it is a waste of this court’s time and resources.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE