[2021] KEHC 2511 (KLR)
The court held that the applicant had already received the least severe sentence available through the resentencing process based on the Francis Muruatetu decision. The court found that there is no legal basis for granting a second resentencing simply because the applicant has served sixteen years in prison....
Source-derived case information.
- Citation
- [2021] KEHC 2511 (KLR)
- Parties
- Applicant: Christopher Otieno Amollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E103 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Robbery With Violence, Sentence Commutation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Otieno Amollo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to a further resentencing after already benefiting from resentencing based on the Francis Muruatetu decision.
- 2 Whether serving sixteen years in prison entitles the applicant to a second resentencing.
Ratio Decidendi
The court held that the applicant had already received the least severe sentence available through the resentencing process based on the Francis Muruatetu decision. The court found that there is no legal basis for granting a second resentencing simply because the applicant has served sixteen years in prison. Allowing repeated applications for resentencing would amount to an abuse of court process. Therefore, the application was found to be devoid of merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for further resentencing is dismissed.
- Applicant to be notified in prison using the email that sent the application.
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. E103 OF 2021
CORAM: R.E. ABURILI, J
CHRISTOPHER OTIENO AMOLLO........APPLICANT
VERSUS
REPUBLIC.................................................RESPONDENT
RULING
1. I have considered the Application/Petition filed on 1/11/2021 which is not supported by any sworn affidavit. I observe that the convict was sentenced to death for the offence of Robbery with violence.
2. That sentence was commuted to life imprisonment. He then applied for resentencing before the clarification in the Francis Muruatetu v Republic [2017] eKLR case and was lucky to have his life imprisonment substituted with 30 years imprisonment. He now wants further resentencing.
3. The convict was given the least severe sentence through resentencing based on the Francis Muruatetu & Another Vs Republic [supra] decision. He has exhausted his opportunities for resentencing and cannot have a second bite at the cherry simply because he has served sixteen years in prison.
4. For that reason, I find the application devoid of merit and an abuse of court process. The same is hereby dismissed.
5. Applicant to be notified in prison using the email that send the application.
6. File closed.
7. Orders accordingly,
DATED, SIGNED AND DELIVERED AT SIAYA THIS 3RD DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE