1. The Applicant is GEORGE OMONDI ORUKO vide Siaya HCCR 11/2015, he was tried, convicted and sentenced to death by J. Makau, -J. He petitioned for resentencing vide Misc. Cr. Application No. E080/2021 and this court resentenced him to serve thirty-five (35) years imprisonment vise ruling of 21/7/2021. The term sentence was to run from the date of his arrest. The resentencing was pursuant to the FRANCIS MURUATETU & ANO. -VS- R (2017) eKLR decision by the Supreme Court which held that murder convicts sentenced to death could be resentenced since the death sentence was no longer mandatory.
2. Now the convict is before the same court seeking for sentence reduction. Based on mitigation factors.
3. I have considered the application dated 16/8/2023 and find it an abuse of this court’s process. The applicant/convict cannot have his cake and eat it; or have a bite at the cherry severally in the legal process.
4. The application dated 16/8/2023 is hereby found to be devoid of any substance. It is dismissed and this file closed. I so order.
2. Now the convict is before the same court seeking for sentence reduction. Based on mitigation factors.
3. I have considered the application dated 16/8/2023 and find it an abuse of this court’s process. The applicant/convict cannot have his cake and eat it; or have a bite at the cherry severally in the legal process.
4. The application dated 16/8/2023 is hereby found to be devoid of any substance. It is dismissed and this file closed. I so order.