[2023] KEHC 797 (KLR)
The court held that the application for resentencing was unsupported because the applicant failed to annex any court proceedings, judgments, or documents necessary for the court to assess the merits of the application. The court emphasized that resentencing proceedings are serious and require adequate documentation,...
Source-derived case information.
- Citation
- [2023] KEHC 797 (KLR)
- Parties
- Applicant: Nicholas Omondi Ndar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E005 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Robbery With Violence, Death Sentence Commutation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Omondi Ndar
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing in the absence of supporting court proceedings and documents.
- 2 Whether the application for resentencing is properly supported in law and fact.
Ratio Decidendi
The court held that the application for resentencing was unsupported because the applicant failed to annex any court proceedings, judgments, or documents necessary for the court to assess the merits of the application. The court emphasized that resentencing proceedings are serious and require adequate documentation, especially where the original sentence was death, later commuted to life imprisonment for robbery with violence. The absence of such documentation and evidence that no other proceedings were pending before the Court of Appeal rendered the application fatally defective. Consequently, the application was declined and dismissed.
Court Disposition
application dismissed
Orders
- The application for resentencing is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ndar v Republic (Miscellaneous Criminal Application E005 of 2023) [2023] KEHC 797 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 797 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E005 of 2023
RE Aburili, J
February 9, 2023
Between
Nicholas Omondi Ndar
Applicant
and
Republic
Respondent
Ruling
1. I have perused the application filed on 6/2/2023 for resentencing. Proceedings for resentencing are serious proceedings. The applicant has not annexed any court proceedings for this court’s consideration and neither has he filed any documents that this court would peruse to satisfy itself on the merits of the application considering the death sentence as commuted to life imprisonment was on conviction for the offence of Robbery with violence.
2. I find the application to be unsupported, the proceedings having been escalated to the High Court at Kisumu such that the applicant ought to avail proceedings and judgment and evidence that no other proceedings are pending before the Court of Appeal.
3. The application is accordingly declined and dismissed.
4. File closed.
5. I so order
DATED, SIGNED AND DELIVERED AT SIAYA THIS 9TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE