George Ouma v Republic

Ouma v Republic (Criminal Revision E037 of 2024) [2025] KEHC 11283 (KLR) (31 July 2025) (Ruling) Neutral citation: [2025] KEHC 11283 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA CRIMINAL REVISION E037 OF 2024 RPV WENDOH, J JULY 31, 2025 (FROM HC. CRIMINAL APPEAL NO. 5 OF 2019) BETWEEN GEORGE OUMA ...................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From original conviction and sentence in Criminal Case SPM No. 805 of 2017) RULING 1. George Ouma, the applicant herein, has filed a Notice of Motion on 29/4/2024 seeking sentence review because the sentence he was handed was harsh and does not accord with Judiciary Sentencing Policy Guidelines. 2. He also filed submissions in support of the motion in which he inter alia submitted that he has reformed because of the programmes he has undertaken in prison, 3. Mr. Majale, the Prosecution Counsel, opposed the application and submitted that the applicant was convicted for the ofience of robbery with violence; that he appealed and the sentence was reduced to thirty (30) years imprisonment; Counsel urged that the application is bad in law as the court lacks the jurisdiction to deal with the matter. 4. The applicant appealed against his conviction and sentence in CRA.5/2019. On 29/10/2019, Justice Sitati dismissed the appeal on conviction but reduced the sentence from life imprisonment to thirty (30) years imprisonment. 5. Once that judgment was given by this court, this court became functus oficio and cannot entertain another appeal or application for review from the applicant. If the applicant is still aggrieved, his remedy lies with the Court of Appeal. The application lacks merit and is hereby dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/11283/eng@2025-07-31 1

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