Owuor v Republic (Criminal Petition E001 of 2024) [2024] KEHC 15082 (KLR) (22 November 2024) (Ruling) Neutral citation: [2024] KEHC 15082 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL PETITION E001 OF 2024 RE ABURILI, J NOVEMBER 22, 2024 BETWEEN MICHAEL OLIECH OWUOR ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Convict/Petitioner Michael Oliech Owuor was sentenced to serve 30 years imprisonment on 4/5/2020 vide Siaya CM Cr. 34/2020 for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. 2. He appealed vide HCCRA 8/2020 which appeal was dismissed on 16/12/2020. He now applies for sentence review to an alternative non-custodial sentence because he has children who are suffering. 3. I have considered the Petition and the affidavit in support. I find no residual jurisdiction to reduce lawful sentence noting that the offence involved loss of life and the cruel circumstances under which the deceased met her death. This was a gender-based violence of a husband butchering his wife to death. 4. I find the petition devoid of merit. It is hereby dismissed. 5. Signal to issue. File closed. DATED, SIGNED AND DELIVERED AT SIAYA THIS 22ND DAY OF NOVEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/15082/eng@2024-11-22 1
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