[2022] KEHC 2269 (KLR)
The court held that having already resentenced the applicant from death to 20 years imprisonment for the offence of robbery with violence, it lacked judicial discretion to entertain a further application for resentencing. The court found that the application was an abuse of court process and a waste of judicial...
Source-derived case information.
- Citation
- [2022] KEHC 2269 (KLR)
- Parties
- Applicant: Gabriel Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 1 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Robbery With Violence, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Omondi
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 the High Court already resentenced him to 20 years imprisonment.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court held that having already resentenced the applicant from death to 20 years imprisonment for the offence of robbery with violence, it lacked judicial discretion to entertain a further application for resentencing. The court found that the application was an abuse of court process and a waste of judicial time, as the matter had already been determined on its merits. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. 1 OF 2022
CORAM: HON. R.E. ABURILI, J
GABRIEL OMONDI..........................................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................................RESPONDENT
(Being an Application arising from original Ukwala SRM Cr Case No. 568 of 2011
andconviction entered on 26th April, 2013)
RULING
1. I have considered the application for resentencing. The applicant has clearly stated that he was sentenced to death for the offence of robbery with violence and that he applied to this court for resentencing and the court did consider the application on merit and resentenced him to serve 20 years imprisonment.
2. He then filed this petition at Kisumu High Court upon which the High court transferred this file to Siaya High Court.
3. Having resentenced the convict herein to a lesser severe sentence of 20 years imprisonment, I am devoid of any judicial discretion to re-resentence the convict applicant herein.
4. I find the application an abuse of court process and waste of judicial time.
5. The same is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF FEBRUARY, 2022
R.E. ABURILI
JUDGE