[2023] KEHC 2996 (KLR)
The court found that the petition for resentencing was not supported by any affidavit, annexures, or material evidence. There was no disclosure of the offence for which the petitioner was convicted, nor were any proceedings or judgments from the lower court or appellate courts annexed. In the absence of such...
Source-derived case information.
- Citation
- [2023] KEHC 2996 (KLR)
- Parties
- Applicant: Jeconia Malawa Andasia; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E026 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Petition
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Mandatory Sentences, Unconstitutionality of Life Imprisonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeconia Malawa Andasia
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Petition
Legal Issues
- 1 Whether the petition for resentencing is merited in the absence of supporting affidavit or annexures.
- 2 Whether the mandatory life imprisonment sentence imposed was unconstitutional.
Ratio Decidendi
The court found that the petition for resentencing was not supported by any affidavit, annexures, or material evidence. There was no disclosure of the offence for which the petitioner was convicted, nor were any proceedings or judgments from the lower court or appellate courts annexed. In the absence of such supporting material, the court could not consider the merits of the petition. Consequently, the petition was found to be devoid of merit and was dismissed. The court advised that the petitioner may file a fresh petition properly supported by relevant documents for consideration.
Court Disposition
petition dismissed
Orders
- The petition is dismissed for lack of merit.
- The petitioner may file a fresh petition properly supported for consideration.
Full Case Text
Judgment text and source record
24 paragraphs
Andasia v Republic (Criminal Petition E026 of 2022) [2023] KEHC 2996 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2996 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E026 of 2022
RE Aburili, J
March 24, 2023
Between
Jeconia Malawa Andasia
Petitioner
and
Republic
Respondent
Ruling
1. The Petitioner Jeconia Malawa Andasia by his petition filed on October 5, 2022 seeks for resentencing. He claims that he was convicted and sentenced to serve life imprisonment by Winam Court vide Criminal Case No 1510 of 2014 and that his appeal to Kisumu High Court vide HCRA No 55 of 2016 was not successful then he appealed to the Court of Appeal but that he has never been served with an appeal number so he decided to file this Resentencing petition.
2. He claims that the life imprisonment imposed on him by the Winam Court was mandatory sentence hence unconstitutional.
3. I have perused the Petition which is not supported by any affidavit or annexture. There is no disclosure of what offence the convict was charged with although he cites the Sexual Offences Act in the heading of the Petition.
4. I find the Petition not supported by any material for perusal and consideration on merit as no proceedings or even judgement of the lower court or an appeal to this court were annexed.
5. The Petition is found to be devoid of any merit and is dismissed.
6. The Petitioner/Convict can file a fresh petition which is properly supported for consideration by this court.
7. This file is closed.
8. Petitioner to be notified via signal/order.
9. I so order.
Dated, Signed and Delivered at Kisumu this 24th Day of March, 2023R. E. ABURILIJUDGEPage 2 of 2