[2024] KEHC 11541 (KLR)
The court held that there was no basis to review the applicant's sentence, as the twenty-year imprisonment term was already lenient compared to the mandatory death sentence prescribed by Section 204 of the Penal Code for murder. The application for sentence review lacked merit and was therefore dismissed.
Source-derived case information.
- Citation
- [2024] KEHC 11541 (KLR)
- Parties
- Applicant: Harold Okello Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E174 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Application dismissed; file closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Murder Conviction, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harold Okello Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of his sentence for murder under Section 204 of the Penal Code.
Ratio Decidendi
The court held that there was no basis to review the applicant's sentence, as the twenty-year imprisonment term was already lenient compared to the mandatory death sentence prescribed by Section 204 of the Penal Code for murder. The application for sentence review lacked merit and was therefore dismissed.
Court Disposition
Application dismissed; file closed.
Orders
- The application dated 1st July 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E174 of 2024) [2024] KEHC 11541 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11541 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E174 of 2024
RE Aburili, J
September 26, 2024
Between
Harold Okello Omondi
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Kisumu High Court Criminal Case No. 25 of 2011)
Ruling
1. The Applicant/Convict Harold Okello Omondi was sentence to serve twenty (20) years imprisonment for the offence of murder vide HCCRC No. 25 of 2011 on 19th December 2017.
2. He seeks for sentence review.
3. There is no basis upon which this court should review lawful lenient sentence noting that the Mandatory sentence under Section 204 of the Penal Code is death.
4. I find no merit in the application dated 1st July 2024 which is hereby dismissed and this file closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE