Fredrick Juma Ochieng alias Kasawahi v Republic [2019] KEHC 11795 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

PETITION NO. 11 “A” OF 2019

FREDRICK JUMA OCHIENG-ALIAS KASAWAHI.........APPLICANT

VERSUS

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

(Being an application for Const Pet  of sentence  in Ukwala PMCRC  No. 210 of 2012)

RULING

1. As the Petitioner has not exhausted his right of appeal before the Court of Appeal, this Court lacks jurisdiction to re-sentence him as the appeal before the High Court at Kisumu vide H.Cr.A 32/2013 was dismissed and no appeal has been lodged to challenge that decision of the High Court.

2. This petition is dismissed.

3. File closed.

DATED AT SIAYA THIS 9TH DAY OF OCTOBER, 2019.

HON. LADY JUSTICE R. E. ABURILI

JUDGE