Juma Kimaki Ngiza v Republic through ODPP [2020] KEHC 167 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CORAM:  A.K NDUNG’U J.

CRIMINAL REVISION NO. 1 OF 2020

JUMA KIMAKI NGIZA..................................................APPLICANT

VERSUS

REPUBLIC through ODPP..........................................RESPONDENT

(From original  conviction and sentence in Criminal Case No. 859 of 2015 of the Principal Magistrate’s Court at Kilgoris)

RULING

The applicant having been resentenced by this court cannot approach the same court for a further re-sentencing in a court of concurrent jurisdiction.

The matter of sentencing has been finally resolved by court and if the court did not find it fit to include the period served in remand as part of the sentence, that issue cannot be re-opened.

Application is dismissed.

Dated and delivered at Kisii this 24th day of February 2020.

A.K NDUNG’U

JUDGE

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

Applicant in person