Anthony Odhiambo Olando v Republic [2022] KEHC 1570 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E026 OF 2022

CORAM: HON. R.E. ABURILI, J

ANTHONY ODHIAMBO OLANDO.......................................................APPLICANT

VERSUS

REPUBLIC.............................................................................................RESPONDENT

RULING

1. The Applicant seeks for a least severe sentence in the conviction for Robbery with violence.  He acknowledges that he was resentenced to serve 25 years in Misc. Cr. Application No. 55 of 2020 by Siaya High Court and if that be the case, then this court has exhausted its jurisdiction as far as resentencing and sentence reduction is concerned.  This is so because the 25 years imprisonment is less severe than death sentence imposed on the applicant by the trial court for the offence of robbery under Section 296(2) of the Penal Code.

2. That notwithstanding, I have perused the court file in Misc. Criminal Appeal No. 55/2020 wherein the applicant claims he was resentenced and what I find is an application by William Majanja Muto.

3. The offence therein was defilement contrary to Section 8(1) as read with section 8 (3) of the SexualOffencesActand sentence imposed was 20 years.

4. It follows that the applicant herein is second guessing and is not honest with this court as he has not annexed any documents to show how his other alleged proceedings on appeal were conducted.  This is so because he has quoted many other case file numbers HCR App. 38, 39, 40 of 2008 at Kisumu and Court of Appeal No. 158, 159, 160/2009 at Kisumu but whose details or proceedings are not supplied to this court for perusal and consideration.

5. I find the application misguided. I decline it and dismiss it.

6. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022

R.E. ABURILI

JUDGE