Owino v Republic (Miscellaneous Criminal Application E037 of 2026) [2026] KEHC 6797 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEHC 6797 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIBERA MISCELLANEOUS CRIMINAL APPLICATION E037 OF 2026 DR KAVEDZA, J MAY 19, 2026 BETWEEN VINCENT ODHIAMBO OWINO .......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was charged jointly with another person not before this Court and convicted of the ofience of attempted murder contrary to section 220(b) of the Penal Code. He was sentenced to serve thirty (30) years’ imprisonment. His appeal in Criminal Appeal No. 95 of 2012 was heard and dismissed by this Court on 13th February 2014, thereby affirming both conviction and sentence. 2. The applicant now seeks a review of sentence. He contends that the trial court failed to consider the period he spent in remand custody during trial. He further states that he is remorseful for the ofience and argues that the time already spent in custody amounts to sufficient rehabilitation. On that basis, he urges this Court to interfere with the sentence and substitute it with a non-custodial sentence. 3. The record confirms that the applicant previously exercised his right of appeal against both conviction and sentence, and the same was fully heard and determined by this Court. Having pronounced itself on the matter, this Court is now functus officio in respect of the conviction and sentence. The proper forum for any further challenge lies with the Court of Appeal, not by way of a fresh application before this Court. 4. In the circumstances, I find no merit in the application and it is hereby dismissed. RULING DATED AND DELIVERED VIRTUALLY THIS 19TH DAY OF MAY 2026 D. KAVEDZA JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6797/eng@2026-05-19 1
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