[2023] KEHC 1779 (KLR)
The court found that the applicant had already been sentenced to the mandatory minimum sentence prescribed by law, and that his mitigation had been duly considered by the trial court. There was no demonstration of any illegality, impropriety, or miscarriage of justice in the sentence imposed. The court therefore...
Source-derived case information.
- Citation
- [2023] KEHC 1779 (KLR)
- Parties
- Applicant: John Lufai Kadanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E008 of 2023
- Procedural Posture
- Criminal Petition / Application for Resentencing After Conviction and Appeal
- Outcome
- Application for resentencing dismissed.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Mandatory Minimum Sentence, Mitigation, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lufai Kadanya
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Application for Resentencing After Conviction and Appeal
Legal Issues
- 1 Whether the applicant is entitled to resentencing after having been sentenced to a mandatory minimum sentence and after mitigation was considered.
- 2 Whether there is any legal basis to interfere with the sentence imposed by the trial court.
Ratio Decidendi
The court found that the applicant had already been sentenced to the mandatory minimum sentence prescribed by law, and that his mitigation had been duly considered by the trial court. There was no demonstration of any illegality, impropriety, or miscarriage of justice in the sentence imposed. The court therefore held that there was no legal or factual basis to interfere with the sentence, and dismissed the application for resentencing.
Court Disposition
Application for resentencing dismissed.
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kadanya v Republic (Criminal Petition E008 of 2023) [2023] KEHC 1779 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1779 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E008 of 2023
RE Aburili, J
February 28, 2023
Between
John Lufai Kadanya
Applicant
and
Republic
Respondent
(Being an Application for resentencing in Ukwala PM SO 29/2016 and in Siaya HCCRA No. 82/2016)
Ruling
1. The Petitioner/Applicant/Convict was sentenced to serve 20 years imprisonment vide Ukwala PM SO 291/2016 on 3/8/2016. He appealed to this Court vide HCRA 82/2016. Majanja J heard his appeal and dismissed it on 19/2/2018. He does not say whether he appealed to the Court of Appeal. He now prays for resentencing after mitigation.
2. I have considered the application. I have also perused the lower court proceedings. Although the applicant was given mandatory minimum sentence, he was allowed to mitigate which mitigation was considered.
3. The sentence imposed was lawful. I find no reason to interfere with the same.
4. I decline and dismiss the application for resentencing.
5. I so order. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023. R.E. ABURILIJUDGE