Kefa v Republic [2022] KEHC 14251 (KLR)

Kefa v Republic (Miscellaneous Criminal Application E133 of 2022) [2022] KEHC 14251 (KLR) (14 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14251 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E133 of 2022

RE Aburili, J

October 14, 2022

Between

Belly Omondi Kefa

Applicant

and

Republic

Respondent

(Being an Application for resentencing arising from Judgment, conviction and sentence in the CM’s court at Kisumu in Criminal Case No. 67 of 2011 and in Kisumu HCRA No. 67/2011)

Ruling

1. I have considered the application dated October 4, 2022 seeking for consideration of the sentence imposed without considering the provisions of section 333(2) of the Criminal Procedure Code.

2. I observe that the appeal which was filed by the applicant herein was in Kisumu High Court, not Siaya High Court. In addition, the original court where he was tried was Kisumu Chief Magistrates Court not Siaya.

3. This court cannot call for a file from Kisumu High Court or lower court. The applicant should have filed his application in Kisumu High Court. Forum shopping cannot be allowed as it leads to abuse of geographical jurisdiction of courts. The applicant is at liberty to file a fresh application before Kisumu High Court which heard his Appeal No HCRA 67/2011.

4. This application is struck out.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 14TH DAY OF OCTOBER, 2022RE ABURILIJUDGE