Akello v Republic (Criminal Revision E005 of 2026) [2026] KEHC 8677 (KLR) (19 June 2026) (Ruling) Neutral citation: [2026] KEHC 8677 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL REVISION E005 OF 2026 A MABEYA, J JUNE 19, 2026 BETWEEN DENNIS OKINYO AKELLO .................................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. Dennis Okinyo Akello was on 13/10/2020 convicted for the ofience of murder. The ofience was read to be contrary to section 203 as read with section 204 of the Penal Code. 2. He was sentenced to serve 20 years’ imprisonment. He appealed to the Court of Appeal in KSM Criminal Appeal No. E014 of 2020. By a Judgment of that Court his appeal was dismissed. 3. Against this background, the applicant took out a Motion on Notice dated 9/3/2026 seeking that the duration he spent in custody pursuant to section 333(2) of the Criminal Procedure Code be taken into account and the sentence be reduced accordingly. That period was 2 years and 7 months. 4. As can be seen from the foregoing, the Court of Appeal has already rendered its Judgment in the matter. Entertaining any other application regarding the applicant’s case will be second guessing that superior court. This Court has no such jurisdiction. 5. Accordingly, the Motion is without merit and is dismissed. However, let the applicant if he so desires, apply to the Court of Appeal and seek appropriate orders. It is so ordered. DATED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2026. A. MABEYA, FCI Arb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8677/eng@2026-06-19 1
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