[2022] KEHC 16871 (KLR)
The court held that it could not entertain the application for resentencing because it was the same court that convicted and sentenced the applicant, and the applicant had not exhausted his right of appeal. Furthermore, the application improperly challenged the evidence, which is a matter for appeal and not for...
Source-derived case information.
- Citation
- [2022] KEHC 16871 (KLR)
- Parties
- Applicant: Vincent Owuor Opondo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Life Imprisonment, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Owuor Opondo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the High Court can resentence an applicant who has already been convicted and sentenced before exhaustion of appellate avenues.
- 2 Whether the application for resentencing is properly before the court.
Ratio Decidendi
The court held that it could not entertain the application for resentencing because it was the same court that convicted and sentenced the applicant, and the applicant had not exhausted his right of appeal. Furthermore, the application improperly challenged the evidence, which is a matter for appeal and not for resentencing. The court also noted that the application was filed in the wrong court and lacked merit, amounting to a waste of judicial time.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Opondo v Republic (Miscellaneous Criminal Application E019 of 2022) [2022] KEHC 16871 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16871 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E019 of 2022
RE Aburili, J
December 19, 2022
Between
Vincent Owuor Opondo
Applicant
and
Republic
Respondent
(Being an Application for resentencing arising from conviction and sentence in Siaya HCR 27/2018 Criminal Case 27 of 2018 )
Ruling
1. The applicant claims that he was convicted and sentenced to serve life imprisonment vide Siaya HCR 27/2018. He seeks for resentencing.
2. This court having convicted and sentenced the applicant cannot resentence him before he exhausts the avenues on appeal. Furthermore, the life imprisonment allegedly imposed on him, it is not stated for what offence he was tried, convicted and sentenced.
3. The petition challenges the evidence which issue can only be raised on appeal not before this court.
4. I find the application which was mischievously filed before Kisumu High Court instead of this court to be devoid of any merit and a waste of judicial time.
5. It is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19THDAY OF DECEMBER, 2022R.E. ABURILIJUDGE