[2023] KEHC 1765 (KLR)
The court found that the petitioner failed to provide any new material or evidence to support his claim for resentencing, specifically regarding his alleged minority at the time of conviction. The issue of age was not raised at trial or on appeal, and the current petition was unsupported by a sworn affidavit or...
Source-derived case information.
- Citation
- [2023] KEHC 1765 (KLR)
- Parties
- Appellant: Geofrey Indunyi Were; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E005 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Resentencing Application
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Resentencing, Sexual Offences Act, Juvenile Offender, Sentence Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Indunyi Were
Appellant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Resentencing Application
Legal Issues
- 1 Whether the petitioner is entitled to resentencing based on the claim that he was a minor at the time of conviction.
- 2 Whether new evidence or material has been presented to warrant resentencing.
Ratio Decidendi
The court found that the petitioner failed to provide any new material or evidence to support his claim for resentencing, specifically regarding his alleged minority at the time of conviction. The issue of age was not raised at trial or on appeal, and the current petition was unsupported by a sworn affidavit or substantive documentation. As such, the petition did not meet the threshold for reconsideration or resentencing, and was dismissed for want of substance.
Court Disposition
petition dismissed
Orders
- The petition filed on 24/2/2023 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Were v Republic (Criminal Petition E005 of 2023) [2023] KEHC 1765 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1765 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E005 of 2023
RE Aburili, J
February 28, 2023
Between
Geofrey Indunyi Were
Petitioner
and
Republic
Respondent
(Being an Application for resentencing in Bondo PM Cr. SO 624/2015, in Siaya HCRA 69/2015 and in Siaya HC Cr. Petition No. E012/2022)
Ruling
1. The Petitioner was convicted and sentenced to serve 20 years imprisonment for the offence of defilement contrary to section 8(1)(3) of the Sexual Offences Act vide Bondo PM Cr. SO 624/2015.
2. He appealed to this court vide HCRA 69/2015 which appeal was heard and dismissed. He then petitioned for resentencing vide HC Cr. Petition No. E012/2022. The petition was dismissed for want of substance on 5/10/2022. He has returned back with another petition for resentencing claiming he was 17 years when he was convicted. Those are new matters which the trial and appellate court could have determined but which were never raised.
3. I find no material supporting the petition which is not even supported by a sworn affidavit.
4. The petition filed on 24/2/2023 is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE