Case ID:162245

Vincent Onyango Musingo v Republic [2020] eKLR

Case Metadata

Case Number:

Miscellaneous Criminal Application 18 of 2020

Parties:

Vincent Onyango Musingo v Republic

Date Delivered:

22 Jul 2020

Case Class:

Civil

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Vincent Onyango Musingo v Republic [2020] eKLR

Case History:

From Original Criminal Case No. 987 of 2019 and Criminal Case 369 of 2017 at Bondo Law Courts

(Application arising from Judgment delivered vide HC Misc. Criminal Application No. 22 of 2018 at Siaya High Court for resentencing dated 26th November 2019 before Hon. Justice R.E. Aburili - Judge

Court Division:

Criminal

County:

Siaya

History Docket No:

Criminal Application 22 of 2018

History Judges:

Roselyne Ekirapa Aburili

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

MISC. CRIMINAL APPLICATION NO. 18 OF 2020

VINCENT ONYANGO MUSINGO...................................APPLICANT

VERSUS

REPUBLIC.....................................................................RESPONDENT

From Original Criminal Case No. 987 of 2019 and Criminal Case 369 of 2017 at Bondo Law Courts

(Application arising from Judgment delivered vide HC Misc. Criminal Application No. 22 of 2018 at Siaya High Court for resentencing dated 26

th

November 2019 before Hon. Justice R.E. Aburili - Judge)

RULING

1. I have considered the Application by

Vincent Onyango Musingo

and the uncommissioned affidavit.

2. I heard his appeal and upheld the conviction but reduced the death sentence to 50 years imprisonment taking into account his fresh mitigation and circumstances under which the Robbery with Violence crime was committed.

3. This court cannot review its own decision made on resentencing on account of constitutional rights or because his co-convicts appeal was considered differently.

4. The reasons for reconsideration of sentences are on the respective appeal files.

5. Accordingly, I find this application incompetent, misconceived and filed without jurisdiction. The same is hereby dismissed and this file is closed.

6. Orders accordingly.

Dated, signed and Delivered at Siaya this 22

nd

Day of July, 2020

R.E. ABURILI

JUDGE