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JudgmentRASHID SIYOI CHESHOLLEI VS The Republic1 min read

RASHID SIYOI CHESHOLLEI VS The Republic

High Court at Bungoma High Court · · Rose Ougo

  1. Rashid Siyoi  Cheshollei, the Applicant was charged with murder in Bungoma HCCR. Case No. 1 OF  2009 and was sentenced to death.  He appealed to the Court of Appeal on 17.3.2019  his appeal was dismissed.  He is back in the High Court for a review of his sentence.  The application was opposed. 
  2. The  Court of Appeal Judges expressed themselves as follows on the sentence, “ although the sentence of death is not mandatory, this was a ghastly murder for which a sentence of death is deserved”.  The Court of Appeal  clearly expressed itself  on sentence and as a High Court, this court lacks the jurisdiction to review the Court of Appeal decision.  This application lacks merit and it is dismissed.

Dated, Signed and Delivered  at BUNGOMA  on this 13th  day of February 2025.

R. OUGO

JUDGE

In the presence of:

Rashid Siyoi Chesholei / Applicant

Miss Matere                                  - Respondent/ ODDP

Wilkister                                  - C/A                        

    RASHID SIYOI CHESHOLLEI VS The Republic RASHID SIYOI CHESHOLLEI VS The Republic