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Original judgment

George Ochieng Olewe v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA CRIMINAL REVISION E045 OF 2021 GEORGE OCHIENG OLEWE...........................................................APPLICANT VERSUS REPUBLIC.........................................................................................RESPONDENT (Application for sentence revision from the judgment, conviction and sentence in BONDO PM’S MAGISTRATES COURT Cr Case No. 114 OF 2016 by Hon M. Obiero, Principal Magistrate on 9/6/2017) RULING 1. The Applicant GEORGE OCHIENG OLEWE was Convicted and sentenced to serve seven (7) years imprisonment for the offence of Manslaughter by Hon. M. Obiero, Principal Magistrate on 9.6.2017 in Bondo Principal Magistrate Criminal Case Number 114 of 2016. He appealed to this Court vide High Court Criminal Appeal 23 of 2018 which appeal was heard and dismissed on 5.5.2020. The Convict has now come back to this court for sentence Revision 2. I have considered the Probation Officer’s Report. I observe that this court having pronounced itself on sentence imposed on the applicant by upholding it on appeal, it has no power to revisit the said judgment and reduce the sentence further. The sentence imposed was lawful and lenient, and this court has exhausted its jurisdiction and discretion in the matter. 3. Accordingly, the application, is declined and dismissed. 4. Orders accordingly. 5. File closed. DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF JUNE, 2021 R. E. ABURILI JUDGE

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