Benard Onyango Ogango v Republic

Ogango v Republic (Criminal Revision E357 of 2025) [2026] KEHC 8373 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KEHC 8373 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E357 OF 2025 A MABEYA, J JUNE 12, 2026 BETWEEN BENARD ONYANGO OGANGO .......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Benard Onyango Ogango ‘the applicant’ was charged with the ofience of murder contrary to section 203 as read with section 204 of the Penal Code in Ksm Criminal Case No. 9 of 2017. 2. After trial, he was convicted of the ofience and sentenced to 30 years’ imprisonment. 3. Vide a Motion on Notice dated 17/11/2025, the applicant applied for the said sentence to be reviewed to a sentence not exceeding 20 years. He relied on the case of Ali Abdalla Mwanza vs DPP (2021) where a sentence of 40 years was reduced to 20 years. He contended that the sentence of 30 years was manifestly excessive. He placed reliance on the Muruatetu Case. 4. The State did not comment on the application. 5. This Court’s jurisdiction to review orders is to be found in section 362 and 364 of the Criminal Procedure Code. That jurisdiction only extends to orders of the subordinate courts and not the superior court or its own orders. The order sought to be reviewed was made by a court of concurrent jurisdiction. 6. The only court that has jurisdiction to interfere with the orders of this court is the Court of Appeal. Since the applicant feels that 30 years’ imprisonment instead of death sentence is manifestly excessive, he should appeal against the said sentence to the Court of Appeal. 7. Accordingly, this Court has no jurisdiction to entertain the application dated 17/11/2025 and therefore dismisses the same. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8373/eng@2026-06-12 1

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