[2023] KEHC 2796 (KLR)
The court found that the petition for resentencing was not supported by any material evidence, such as prison testimonials or records from the trial or appellate courts. The petitioner failed to provide documentation to substantiate claims of rehabilitation or reform. Consequently, the court held that there was no...
Source-derived case information.
- Citation
- [2023] KEHC 2796 (KLR)
- Parties
- Applicant: George Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E027 of 2022
- Procedural Posture
- Criminal Petition / Ruling on Petition for Resentencing
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Resentencing, Sexual Offences Act, Rehabilitation, Sentence Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Omollo
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Petition for Resentencing
Legal Issues
- 1 Whether the petitioner has provided sufficient material to warrant resentencing for the offence of defilement.
- 2 Whether allegations of rehabilitation or reform are substantiated in support of resentencing.
Ratio Decidendi
The court found that the petition for resentencing was not supported by any material evidence, such as prison testimonials or records from the trial or appellate courts. The petitioner failed to provide documentation to substantiate claims of rehabilitation or reform. Consequently, the court held that there was no merit in the application for resentencing and dismissed the petition.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is dismissed.
- Ruling to be typed and order extracted and served on the petitioner through prison at Kisumu Maximum.
Full Case Text
Judgment text and source record
23 paragraphs
Omollo v Republic (Criminal Petition E027 of 2022) [2023] KEHC 2796 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2796 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E027 of 2022
RE Aburili, J
March 24, 2023
Between
George Omollo
Petitioner
and
Republic
Respondent
Ruling
1. The Petitioner is George Omollo. He claims in this Petition for Resentencing that he was convicted and sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act vide Winam Principal Magistrate Sexual Offences No 505 of 2014.
2. That he appealed vide Kisumu High Court Criminal Appeal No 120 of 2015 which was dismissed. He does not indicate whether he appealed to the Court of Appeal.
3. Regrettably, this petition was not accompanied by any material to support the resentencing plea. No testimonial from Prison and no proceedings or record from the trial or even appellate court yet appellant to the High Court are usually provided with Records of Appeal automatically and free of charge.
4. I find the Petition not supported by any material and therefore the allegations of rehabilitation or reform are barren.
5. I find no merit in the petition for resentencing which I hereby dismiss.
6. Ruling to be typed and order extracted and served on the Petitioner forthwith through prison at Kisumu Maximum.
7. File closed
8. I so order.
Dated, Signed and Delivered at Kisumu this 24th Day of March, 2023R. E. ABURILIJUDGE