[2023] KEHC 25403 (KLR)
The court held that without the trial court's proceedings and judgment, it is not possible to determine the circumstances under which the offence was committed or to consider any mitigating factors. Therefore, the application for resentencing was found to be without substance and was dismissed. The applicant was...
Source-derived case information.
- Citation
- [2023] KEHC 25403 (KLR)
- Parties
- Applicant: Erick Ochieng Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E053 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing Application, Criminal Procedure, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Ochieng Omondi
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 proceedings and judgment from the trial court.
Ratio Decidendi
The court held that without the trial court's proceedings and judgment, it is not possible to determine the circumstances under which the offence was committed or to consider any mitigating factors. Therefore, the application for resentencing was found to be without substance and was dismissed. The applicant was advised to file a proper petition accompanied by the necessary documents for consideration.
Court Disposition
application dismissed
Orders
- The miscellaneous criminal application is dismissed.
- The applicant is guided to file a petition and copies of proceedings and judgment for consideration as a petition for resentencing.
Full Case Text
Judgment text and source record
19 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E053 of 2023) [2023] KEHC 25403 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25403 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E053 of 2023
RE Aburili, J
November 10, 2023
Between
Erick Ochieng Omondi
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict is Erick Ochieng Omondi. He has filed this application seeking for resentencing but he has not filed any copies of proceedings and judgment that will inform this court of the circumstances under which the offence was committed and what the mitigating factors are to warrant interference with the sentence imposed by the trial court.
2. Accordingly, the applicant herein is guided to file a Petition and copies of proceedings and Judgment for consideration as a petition for resentencing.
3. This miscellaneous Criminal Application is found to be devoid of substance. It is dismissed.
4. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE