REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA MISC. CRIMINAL APPLICATION NO. E121 OF 2021 CORAM: R.E. ABURILI, J MOSES OWUOTH MIGELE................................................................................APPLICANT VERSUS REPUBLIC..........................................................................................................RESPONDENT (Being an Application for reduction of sentence arising from conviction and sentence of the Principal Magistrate’s Court at Siaya in Criminal Case No. 312 of 2016 and HCCRA No. 130/2017) RULING 1. The applicant was convicted of the offence of Manslaughter contrary to section 202 of the Penal Code vide Siaya PM Cr. 312/2016 and sentenced to serve life imprisonment. He appealed to this court vide HCRA 130 of 2017 and his appeal against sentence was allowed, setting aside the life imprisonment and substituting it with a very lenient sentence of 15 years imprisonment. He now wants to have a second bite at the cherry by seeking for further reduction of sentence. 2. The applicant/convict is abusing court process. He must be stopped with an order that this application is mischievous, and an abuse of court process as this court is deprived of any further jurisdiction to interfere with its earlier judicial discretion. 3. The application is dismissed. 4. File closed. DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF DECEMBER, 2021 R.E. ABURILI JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.