Oruko v Republic (Criminal Miscellaneous Application E016 of 2024) [2024] KEHC 13387 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 13387 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL MISCELLANEOUS APPLICATION E016 OF 2024 RE ABURILI, J OCTOBER 22, 2024 BETWEEN GEORGE OMONDI ORUKO ................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant George Omondi Oruko is a convict vide Siaya CM Cr. Case No 942/2015 on 26/7/2017, for the ofience of grievous harm contrary to Section 234 of the Penal Code and was sentenced to serve 13 years imprisonment. The ofience carries up to life imprisonment. 2. He appealed vide Siaya HCCRA 72/2017 which appeal for sentence reduction was dismissed vide judgment of 23/1/2019. He is back to the same court seeking that sentence be reviewed. 3. This application filed on 21/2/2024 is similar to the appeal against sentence in HCRA 72/2017 which was dismissed after considering a probation oficer’s sentence reduction report. 4. I find this application an abuse of court process and this court is without jurisdiction to keep reviewing and reducing sentence in the numerous applications/appeals by the same person to achieve the dame purpose. 5. The application filed on 21/2/2024 for sentence review is dismissed. 6. File closed. RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13387/eng@2024-10-22 1
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