Amimo v Republic [2022] KEHC 14591 (KLR)

Amimo v Republic (Criminal Petition E005 of 2020) [2022] KEHC 14591 (KLR) (25 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14591 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Petition E005 of 2020

RE Aburili, J

October 25, 2022

Between

Peter Ochieng Amimo

Petitioner

and

Republic

Respondent

Ruling

1. The Petition was filed on 28/9/2020. To date, it is still pending because the Petitioner took long to clarify whether he had filed an appeal to the Court of Appeal or not.

2. The Deputy Registrar, Court of Appeal Kisumu wrote to this court on 25/8/2022 intimating that the Petitioner has no such appeal pending before the Court of Appeal.

3. I have perused the petition for resentencing and I find no material to support the petition.

4. The Petitioner was expected to file copies of judgment and proceedings from the trial court to inform this court of circumstances surrounding the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offence Act wherein he was sentenced to serve life imprisonment.

5. For the aforesaid reasons, I find this petition devoid of any substance, it is unsupported. It is hereby dismissed.

6. This file is hereby closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE