[2023] KEHC 3825 (KLR)
The court found that the application was devoid of truthful information or material, as the applicant failed to provide any supporting documents such as proceedings, judgment, or commitment warrant. The court also questioned the plausibility of the applicant's claim that the same court sentenced him to death and...
Source-derived case information.
- Citation
- [2023] KEHC 3825 (KLR)
- Parties
- Applicant: Eliud Oswago Oudu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E058 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Sentence, Section 333 2 Criminal Procedure Code, Sentence Reduction, Custodial Period, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Oswago Oudu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody considered under section 333(2) of the Criminal Procedure Code.
- 2 Whether the High Court could have sentenced the applicant to death and then reduced the sentence to 25 years imprisonment in the same or related proceedings.
Ratio Decidendi
The court found that the application was devoid of truthful information or material, as the applicant failed to provide any supporting documents such as proceedings, judgment, or commitment warrant. The court also questioned the plausibility of the applicant's claim that the same court sentenced him to death and then reduced the sentence to 25 years imprisonment, as a court cannot sit on appeal over its own decision. Consequently, the application was dismissed as mischievous and lacking merit.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Oudu v Republic (Miscellaneous Criminal Application E058 of 2022) [2023] KEHC 3825 (KLR) (2 May 2023) (Ruling)
Neutral citation: [2023] KEHC 3825 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E058 of 2022
RE Aburili, J
May 2, 2023
Between
Eliud Oswago Oudu
Applicant
and
Republic
Respondent
Ruling
1. The applicant is Eliud Oswago Oudu. He claims that he was convicted and sentenced to death for the offence of murder contrary to section 203 as read with section 204 of the Penal Code on December 14, 2011 vide Kisumu HCCRC No. 41 of 2008.
2. According to the applicant, he appealed and the death sentence was reduced to twenty five (25) years imprisonment without considering section 333(2) of the Criminal Procedure Code, on the period he spent in custody.
3. He claims that he opted not to appeal to the court of Appeal. He has not annexed any proceedings or judgement or commitment to prison warrant.
4. Furthermore, this court does not comprehend how this court could have sentenced the applicant to death and then sit on its own appeal in a case file not cited at all and purport to reduce the death sentence to twenty five (25) years imprisonment.
5. I find the application is mischievous and devoid of any truthful information or material. It is hereby dismissed.
6. File closed.
Dated, Signed and Delivered at Kisumu this 2nd Day of May, 2023R. E. ABURILIJUDGE