Benter Achieng Okumu v Republic

Okumu v Republic (Revision Case E083 of 2025) [2025] KEHC 19578 (KLR) (11 November 2025) (Ruling) Neutral citation: [2025] KEHC 19578 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR REVISION CASE E083 OF 2025 PJO OTIENO, J NOVEMBER 11, 2025 BETWEEN BENTER ACHIENG OKUMU ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The lower court file has been placed before this Court pursuant to a Notice of Motion filed on 2/10/2025. By the said motion, the Applicant seeks a review of the sentence of twenty-five (25) years’ imprisonment imposed upon her following her conviction for the ofience of murder contrary to Section 203 as read with Section 204 of the Penal Code. The application is primarily premised upon Sections 357 and 379 of the Criminal Procedure Code. 2. Section 379 of the Code provides for appeals from the High Court to the Court of Appeal, while Section 357 provides for admission to bail or suspension of sentence pending appeal. The latter provision, however, is only applicable where an appeal has been duly lodged. 3. Upon perusal of the court record, it is evident that no appeal has been filed against the decision convicting and sentencing the Applicant for the ofience of murder. The application is further founded on the contention that the ingredients of the ofience of murder were not proved to the required legal standard. 4. The Court observes that the issues raised in the present application, in substance, challenge the findings and conclusions of the trial court both on conviction and sentence. Such matters fall squarely within the appellate jurisdiction of the Court of Appeal and cannot properly be canvassed before this Court by way of an application for review. 5. In view of the foregoing, the Court finds that the application is devoid of merit. The same is hereby dismissed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19578/eng@2025-11-11 1

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