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|Case Number:||Miscellaneous Criminal Application E035 of 2022|
|Parties:||Byron Omondi Otieno v Republic|
|Date Delivered:||17 Mar 2022|
|Court:||High Court at Siaya|
|Judge(s):||Roselyne Ekirapa Aburili|
|Citation:||Byron Omondi Otieno v Republic  eKLR|
|Case History:||Being an Application arising from conviction and sentence from Principal Magistrate’s Court at Ukwala in Criminal Case No. 352 of 2016|
|History Docket No:||Criminal Case 352 of 2016|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. E035 OF 2022
CORAM: HON. R.E. ABURILI, J
BYRON OMONDI OTIENO..................APPLICANT
(Being an Application arising from conviction and sentence from Principal Magistrate’s
Court at Ukwala in Criminal Case No. 352 of 2016)
1. I have considered the application by the convict/applicant herein. This is the 4th time this court is being confronted with proceedings of similar nature filed by the same applicant convict. The first was in HCRA 142/2016 which appeal was heard and determined.
2. The appeal against conviction and sentence of 10 years imprisonment for the offences of a firearm without a permit was dismissed.
3. The applicant sought to appeal as a pauper but his application was declined. He then filed Criminal Revision No. 6/2019 which was dismissed on 16/10/2019. He now files this applications seeking for reduction of sentence under Section 333(2) of the Criminal Procedure Code.
4. Regrettably, the applicant has not placed before this court any material to demonstrate that he was not on bond during trial and or that he did not abscond and that therefore he was not given the least severe sentence.
5. For that reason, and as his affidavit on facts is not sworn, I find this application devoid of merit. It is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MARCH, 2022