[2024] KEHC 11165 (KLR)
The court dismissed the application for review because the applicant failed to annex any court proceedings to enable the court to appreciate the circumstances under which the offence was committed. Additionally, the applicant did not explain why he did not appeal to the Court of Appeal. The court found that, even...
Source-derived case information.
- Citation
- [2024] KEHC 11165 (KLR)
- Parties
- Applicant: Erick Ochieng Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E139 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Sentencing, Resentencing Principles, Death Sentence Commutation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Ochieng Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the commutation of a death sentence to life imprisonment.
- 2 Whether the application for review is supported by sufficient material, including court proceedings.
- 3 Whether failure to appeal to the Court of Appeal precludes the applicant from seeking revision.
Ratio Decidendi
The court dismissed the application for review because the applicant failed to annex any court proceedings to enable the court to appreciate the circumstances under which the offence was committed. Additionally, the applicant did not explain why he did not appeal to the Court of Appeal. The court found that, even assuming the applicant sought resentencing under the Muruatetu principles, the application was not supported by sufficient material. Therefore, the application was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 29th August 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Omondi v Republic (Criminal Revision E139 of 2024) [2024] KEHC 11165 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11165 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E139 of 2024
RE Aburili, J
September 25, 2024
Between
Erick Ochieng Omondi
Applicant
and
Republic
Respondent
Ruling
1. The applicant herein Erick Ochieng Omondi seeks for review of death sentence commuted to life imprisonment for the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code vide Kisumu HCCRC No. 37 of 2011.
2. The Applicant has not annexed any court proceedings for the court to appreciate circumstances under which the offence was committed, even assuming that he seeks for resentencing under the Francis Kariouko Muruatetu v R [2017]e KLR principle and neither has he explained why he never appealed to the Court of Appeal.
3. I find the application dated 29th August 2024 not supported. It is hereby dismissed.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE