[2022] KEHC 16623 (KLR)
The court dismissed the petition for resentencing on the basis that the applicant failed to annex any proceedings or documents to support his petition, despite claiming to have filed an appeal. The absence of such supporting materials rendered the petition unsustainable and not fit for consideration. The court also...
Source-derived case information.
- Citation
- [2022] KEHC 16623 (KLR)
- Parties
- Applicant: David Owino Onginjo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E146 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing Petition, Criminal Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Owino Onginjo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the petition for resentencing is supported by necessary documents and records for consideration.
- 2 Whether the applicant filed an appeal to the Court of Appeal.
Ratio Decidendi
The court dismissed the petition for resentencing on the basis that the applicant failed to annex any proceedings or documents to support his petition, despite claiming to have filed an appeal. The absence of such supporting materials rendered the petition unsustainable and not fit for consideration. The court also noted the applicant did not indicate whether he had filed an appeal to the Court of Appeal, further undermining the credibility and completeness of his application.
Court Disposition
petition dismissed
Orders
- The petition for resentencing is declined and dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Onginjo v Republic (Miscellaneous Criminal Application E146 of 2022) [2022] KEHC 16623 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16623 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E146 of 2022
RE Aburili, J
December 20, 2022
Between
David Owino Onginjo
Applicant
and
Republic
Respondent
Ruling
1. The applicant/petitioner has not annexed any proceedings or documents to the petition for resentencing yet he claims that he filed an appeal which means he was supplied with records of appeal which he has not found it necessary to attach.
2. He has also not indicated whether he ever filed an appeal to the Court of Appeal.
3. I find the petition not supported for consideration. It is hereby declined and dismissed.
4. File closed
5. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE