Kadanya v Republic [2023] KEHC 1779 (KLR)

Kadanya v Republic (Criminal Petition E008 of 2023) [2023] KEHC 1779 (KLR) (28 February 2023) (Ruling)

Neutral citation: [2023] KEHC 1779 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E008 of 2023

RE Aburili, J

February 28, 2023

Between

John Lufai Kadanya

Applicant

and

Republic

Respondent

(Being an Application for resentencing in Ukwala PM SO 29/2016 and in Siaya HCCRA No. 82/2016)

Ruling

1. The Petitioner/Applicant/Convict was sentenced to serve 20 years imprisonment vide Ukwala PM SO 291/2016 on 3/8/2016. He appealed to this Court vide HCRA 82/2016. Majanja J heard his appeal and dismissed it on 19/2/2018. He does not say whether he appealed to the Court of Appeal. He now prays for resentencing after mitigation.

2. I have considered the application. I have also perused the lower court proceedings. Although the applicant was given mandatory minimum sentence, he was allowed to mitigate which mitigation was considered.

3. The sentence imposed was lawful. I find no reason to interfere with the same.

4. I decline and dismiss the application for resentencing.

5. I so order. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023. R.E. ABURILIJUDGE