Ashigulwa v Republic [2022] KEHC 10282 (KLR)

Ashigulwa v Republic (Miscellaneous Criminal Application E001 of 2021) [2022] KEHC 10282 (KLR) (24 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10282 (KLR)

Republic of Kenya

In the High Court at Kakamega

Miscellaneous Criminal Application E001 of 2021

WM Musyoka, J

June 24, 2022

Between

James Ashigulwa

Applicant

and

Republic

Respondent

Ruling

1. The Motion herein, undated, but filed on January 8, 2021, principally seeks re-sentencing.

2. I cannot tell whether I have jurisdiction to do what the applicant invites me to do, as he has not indicated the offences in respect of which he was convicted.

3. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Butali PMCCRC No 535 of 2008 and Kakamega HCCRA No 108 of 2009.

4. The matter shall be mentioned on July 30, 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.

DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF June 2022. WM MUSYOKAJUDGEErick Zalo, Court Assistant.James Ashigulwa, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.