Fred Odhiambo v Republic [2020] KEHC 9044 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CONSTITUTIONAL PETITION NO. 46 OF 2019

(CORAM: R. E. ABURILI - J.)

FRED ODHIAMBO..........................................PETITIONER

VERSUS

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

RULING

1. The Petitioner is in prison and has not been produced in court.  I however, observe that the Petition is for resentencing. There are no court proceedings and judgment of the Lower Court attached.

2. Defilement under Section 8(1)(2) is an offence that carries up to life imprisonment but the petitioner was given only 20 years imprisonment.  He should have appealed against sentence instead of filing a Petition for resentencing.  I hereby find this petition incompetent and I proceed to dismiss it.

3. Orders accordingly.

Dated, Signed and Delivered at SIAYA this 27th Day of January 2020.

R.E. ABURILI

JUDGE

In the presence of:

Mr. Okachi: Prosecution Counsel for the State

Court Assistants: Brenda, Modestar