[2023] KEHC 2795 (KLR)
The court dismissed the petition for resentencing on the basis that it was not supported by any relevant documents such as the proceedings and judgment of the lower court or the appeal. The absence of these documents meant the court could not consider the merits of the application. The court emphasized that proper...
Source-derived case information.
- Citation
- [2023] KEHC 2795 (KLR)
- Parties
- Appellant: Collins Ouma Ombijo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E029 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Petition
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Resentencing, Sexual Offences Act, Conviction Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Collins Ouma Ombijo
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Petition
Legal Issues
- 1 Whether the petitioner is entitled to resentencing in the absence of supporting documents.
- 2 Whether the petition meets the threshold for consideration on merit.
Ratio Decidendi
The court dismissed the petition for resentencing on the basis that it was not supported by any relevant documents such as the proceedings and judgment of the lower court or the appeal. The absence of these documents meant the court could not consider the merits of the application. The court emphasized that proper documentation is a prerequisite for the consideration of such petitions, and the petitioner is at liberty to file a properly supported petition in the future.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
- The convict may file a properly supported petition for consideration.
Full Case Text
Judgment text and source record
20 paragraphs
Ombijo v Republic (Criminal Petition E029 of 2022) [2023] KEHC 2795 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2795 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E029 of 2022
RE Aburili, J
March 24, 2023
Between
Collins Ouma Ombijo
Petitioner
and
Republic
Respondent
Ruling
1. The petitioner/convict Collins Ouma Ombijo by his petition filed in court on October 5, 2022 seeks for resentencing. He claims that he was convicted and sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to section 8(1) and 8(2) of the Sexual Offences Actvide Winam Principal Magistrate sexual offences No 10 of 2018 and that he appealed vide Kisumu HCCRA No E011of 2020 which was dismissed.
2. He prays for lenient sentence. However, the petition is devoid of any supporting documents which include proceedings and judgment of the lower court and appeal or testimonials.
3. I find the petition not supported for consideration on merit. It is hereby dismissed.
4. The convict can file a properly supported petition for consideration.
5. Signal/order to issue. File closed.
Dated, Signed and Delivered at Kisumu this 24thDay of March, 2023R. E. ABURILIJUDGEPage 1 of 1