[2022] KEHC 14409 (KLR)
The court found that the applicant, Robinson Leshan, does not exist in the court records for the cited case number. The file referenced by the applicant bears the name of a different person, and the registry confirmed that no such case exists for the applicant. As a result, the application for resentencing is...
Source-derived case information.
- Citation
- [2022] KEHC 14409 (KLR)
- Parties
- Applicant: Robinson Leshan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E114 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Murder, Mandatory Sentences, Unconstitutionality of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robinson Leshan
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing on the basis that the sentence imposed was unconstitutional.
- 2 Whether the applicant's conviction and sentence are supported by court records.
Ratio Decidendi
The court found that the applicant, Robinson Leshan, does not exist in the court records for the cited case number. The file referenced by the applicant bears the name of a different person, and the registry confirmed that no such case exists for the applicant. As a result, the application for resentencing is without merit because there is no valid conviction or sentence on record for the applicant. The court therefore dismissed the application as stray and devoid of merit.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Leshan v Republic (Miscellaneous Criminal Application E114 of 2022) [2022] KEHC 14409 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14409 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E114 of 2022
RE Aburili, J
October 26, 2022
Between
Robinson Leshan
Applicant
and
Republic
Respondent
Ruling
Application for resentencing 1. The applicant is Robinson Leshan. He claims in his chamber summon, and supported by affidavit filed on 8/9/2022 that he was convicted of the offence of Murder contrary to section 204 of the Penal Code vide Siaya HCR 22/2019 and sentenced to serve ‘mandatory’ 20 years imprisonment hence he seeks for resentencing as the sentence imposed on him is unconstitutional. He also seeks for computation of time spent in custody during his trial.
2. I have considered the application and called for the file HCR 22/2019 but the file cited bears names of a different person not the applicant herein.
3. The report from the High Court Registry shows that in the year 2019, the criminal cases were registered up to 18/2019 and not more.
4. For the above reasons that the applicant does not exist in our court records, this application is stray and devoid of any merit. It is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 26THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE