[2022] KEHC 1570 (KLR)
The court found that the applicant failed to provide any documentary evidence to support his claim of having been resentenced to 25 years imprisonment. The court's review of the referenced Misc. Criminal Application No. 55 of 2020 revealed that it pertained to a different individual and offence (defilement), not the...
Source-derived case information.
- Citation
- [2022] KEHC 1570 (KLR)
- Parties
- Applicant: Anthony Odhiambo Olando; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E026 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Resentencing, Sentence Reduction, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Odhiambo Olando
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the High Court has jurisdiction to further reduce the applicant's sentence after resentencing for robbery with violence.
- 2 Whether the applicant has provided sufficient evidence of prior resentencing or related proceedings.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence to support his claim of having been resentenced to 25 years imprisonment. The court's review of the referenced Misc. Criminal Application No. 55 of 2020 revealed that it pertained to a different individual and offence (defilement), not the applicant or the offence of robbery with violence. The applicant's references to other case numbers were unsupported by any documentation. Consequently, the court held that its jurisdiction for resentencing had already been exhausted, as the applicant had not demonstrated any basis for further sentence reduction. The application was therefore found to be misguided and was...
Court Disposition
application dismissed
Orders
- The application for sentence reduction is dismissed.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E026 OF 2022
CORAM: HON. R.E. ABURILI, J
ANTHONY ODHIAMBO OLANDO.......................................................APPLICANT
VERSUS
REPUBLIC.............................................................................................RESPONDENT
RULING
1. The Applicant seeks for a least severe sentence in the conviction for Robbery with violence. He acknowledges that he was resentenced to serve 25 years in Misc. Cr. Application No. 55 of 2020 by Siaya High Court and if that be the case, then this court has exhausted its jurisdiction as far as resentencing and sentence reduction is concerned. This is so because the 25 years imprisonment is less severe than death sentence imposed on the applicant by the trial court for the offence of robbery under Section 296(2) of the Penal Code.
2. That notwithstanding, I have perused the court file in Misc. Criminal Appeal No. 55/2020 wherein the applicant claims he was resentenced and what I find is an application by William Majanja Muto.
3. The offence therein was defilement contrary to Section 8(1) as read with section 8 (3) of the SexualOffencesActand sentence imposed was 20 years.
4. It follows that the applicant herein is second guessing and is not honest with this court as he has not annexed any documents to show how his other alleged proceedings on appeal were conducted. This is so because he has quoted many other case file numbers HCR App. 38, 39, 40 of 2008 at Kisumu and Court of Appeal No. 158, 159, 160/2009 at Kisumu but whose details or proceedings are not supplied to this court for perusal and consideration.
5. I find the application misguided. I decline it and dismiss it.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE