Islam Joseph Odhiambo Ogunda v Republic

Ogunda v Republic (Miscellaneous Criminal Application E106 of 2025) [2026] KEHC 12657 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 12657 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA MISCELLANEOUS CRIMINAL APPLICATION E106 OF 2025 PK ROTICH, J JUNE 11, 2026 BETWEEN ISLAM JOSEPH ODHIAMBO OGUNDA ............................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was convicted for the ofience of murder on 28th November,2024 by Hon. Lady Justice A.Ong’injo in Mombasa High Court Criminal Cases No.14 of 2020 and sentenced on 16th November,2023 to serve 20 years imprisonment. In the sentence, the learned trial judge stated that sentence ran from 29th July, 2020 when the applicant was arraigned in Court. 2. In this matter, the applicant, however, still seeks a revision claiming that that the period of 3 ½ years running from the time he was arrested on 28th July,2020 was not factored in his sentence provided under section 333(1) of the Criminal Procedure Code. He also prays this Court to places him under probation taking into consideration the factors stipulated in Sentencing Policy Guidelines being age, character, antecedents and health conditions. Others are nature of ofience, home surroundings and extenuating circumstances in which the ofience was committed. Further, the applicant averred that he has a young family consisting a house wife and two children who have sufiered immensely in his absence. He also avers that he has learnt his lesson that and should be given a second chance. 3. It is, however, the Court’s finding that it has no jurisdiction to revise the decision of another Judge of concurrent jurisdiction requested by the applicant. To do so would be tantamount to sitting on appeal against the Judgement of my sister Hon. Lady Justice A. Onginjo, J. This matter is, therefore, struck out for want of jurisdiction. DATED, SIGNED AND DELIVERED ONLINE VIDE MS TEAMS THIS 11TH JUNE,2026 HON. P.K. ROTICH https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12657/eng@2026-06-11 1

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