Erick Omollo Rabilo v Republic [2022] KEHC 1680 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E022 OF 2022

CORAM: HON. R.E. ABURILI, J

ERICK OMOLLO RABILO................................................................................APPLICANT

VERSUS

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

(Being an Application arising from conviction and sentence of the High Court

at Siayain Criminal Appeal Nos. 70/2019 & 71/2019 and originally from

Principal Magistrate’s courtat Bondo in Criminal Case No. 1124 of 2018)

RULING

1. The Applicant herein filed HCRA No. 70/2019 and 71/2019 which he voluntarily had the two appeals withdrawn from the court on 18/11/2019. That being the case, this court has no jurisdiction to entertain further application for consideration of sentence under section 333(2) of the Criminal Procedure Code, after the lower court files were resubmitted.

2. This application is found to be devoid of any substance as it is not supported by any proceedings of the lower court to indicate whether the accused was on bond or not during the trial and whether he deserves the orders sought.

3. The application is found to be unsupported.

4. It is hereby declined and dismissed.

5. File closed.

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

R.E. ABURILI

JUDGE