Gioya v Republic [2023] KEHC 501 (KLR)

Gioya v Republic (Criminal Petition E003 of 2023) [2023] KEHC 501 (KLR) (30 January 2023) (Ruling)

Neutral citation: [2023] KEHC 501 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E003 of 2023

RE Aburili, J

January 30, 2023

Between

Stephen Onyango Gioya

Petitioner

and

Republic

Respondent

(Being an Application for resentencing arising from conviction and sentence in Siaya PM SO Case No. 22/2017 by Hon. J.O. Ong’ondo (PM) on 22. 8.2018 and in Siaya Kisumu HCCRA No. 41 of 2018 by Hon. R.E. Aburili J on 7. 10. 2019)

Ruling

1. A similar petition by the applicant Stephen Onyango Gioya convict in Siaya PMCr SO 22/2017 herein was filedvide Criminal Petition No E006/2022 and a ruling dated October 26, 2022, it was dismissed.

2. The convict seeks for resentencing in a matter that was before this court heard and determined on appeal on sentence after he had withdrawn his appeal against conviction in Siaya HCRA 41/2018 on July 16, 2019.

3. This court rejected the applications for resentencing twice.

4. I find this application to be an abuse of court process. It is hereby dismissed for the same reasons given in Criminal Petition No E006/2022.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JANUARY, 2023. R.E. ABURILIJUDGE