Bernard Onyango Ogango Alias Boss v Republic

Ogango v Republic (Miscellaneous Criminal Application E090 of 2022) [2023] KEHC 2790 (KLR) (24 March 2023) (Ruling) Neutral citation: [2023] KEHC 2790 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E090 OF 2022 RE ABURILI, J MARCH 24, 2023 BETWEEN BERNARD ONYANGO OGANGO ALIAS BOSS ................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant herein Bernard Onyango Ogango alias Boss by his application dated August 25, 2022 seeks for commutation of thirty (30) years imprisonment imposed on him upon conviction for the ofience of murder vide High Court Criminal Case No 9 of 2017 at Kisumu, to the period already served in prison. 2. He claims that he was in custody for 4 years and 2 months prior to sentencing which was not taken into account. That he appealed to the Court of Appeal in Eldoret and the appeal was dismissed. 3. I have considered the application and the affidavit which is not sworn. Punishment for murder upon conviction is death. The applicant was sentenced to serve thirty (30) years imprisonment which was a discretion exercised by the trial judge. This court has no jurisdiction to reduce that sentence further. 4. On the allegations that the convict was in custody for four (4) years and two (2) months prior to sentencing, no proceedings or even charge sheet were annexed for court to peruse and appreciate when he was arrested and whether or not he was released on bail pending trial. 5. I find the application for commutation of thirty (30) years imprisonment to the period already served in prison misguided. It is hereby dismissed. 6. Order/signal to issue. 7. File closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/2790/eng@2023-03-24 1

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