Odhiambo v Republic (Miscellaneous Criminal Application E092 of 2024) [2024] KEHC 12850 (KLR) (24 October 2024) (Ruling) Neutral citation: [2024] KEHC 12850 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E092 OF 2024 MS SHARIFF, J OCTOBER 24, 2024 BETWEEN EDWIN ODHIAMBO .............................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. I have considered the application made by the Applicant under the provisions of articles 22, 23, 24, 25, 27, 50 (2) p, 159 and 165 of the Constitution of Kenya 2010 for review of sentence of 10 years handed down to the Applicant in Winam SPM Criminal Case No. E213 of 2023: R v Edwin Odhiambo on a date that the Applicant has opted not to disclose. 2. It is apparent that the Applicant was recently convicted given that the trial file is a 2023 one contrary to his pleadings. He has therefore not served any substantial period of his sentence and he has not had ample time to reform and be rehabilitated. 3. This application is devoid of any iota of merit wherefore I do hereby disallow it with no orders as to costs. 4. This file is hereby marked as closed. DELIVERED, DATED AND SIGNED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024. M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12850/eng@2024-10-24 1
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