Auma v Republic (Miscellaneous Criminal Application E188 of 2024) [2024] KEHC 12351 (KLR) (2 October 2024) (Ruling) Neutral citation: [2024] KEHC 12351 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E188 OF 2024 MS SHARIFF, J OCTOBER 2, 2024 BETWEEN MARTHA AUMA ..................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Upon considering the Applicant’s notice of motion undated, supported by her own affidavit which is also undated I do note that the Applicant was rightfully and lawfully sentenced by the trial court to serve 30 years custodial term which sentence was upheld by the High Court in Kisumu HCRA No. 111 of 2018. 2. This court is functus officio and cannot reopen the case for purposes of reviewing the Applicant’s sentence. I however direct that any term that the Applicant had served before her conviction be taken into account while computing her sentence. 3. This file is marked as closed. It is hereby so ordered. DATED, SIGNED AND DELIVERED THIS 2ND DAY OF OCTOBER, 2024 M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12351/eng@2024-10-02 1
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