Limakori v Republic [2024] KEHC 12044 (KLR)

Limakori v Republic (Miscellaneous Criminal Application E004 of 2024) [2024] KEHC 12044 (KLR) (24 September 2024) (Ruling)

Neutral citation: [2024] KEHC 12044 (KLR)

Republic of Kenya

In the High Court at Kapenguria

Miscellaneous Criminal Application E004 of 2024

RPV Wendoh, J

September 24, 2024

(from the original High Court CR. C No. 19 of 2015)

Between

Samson Limakori

Petitioner

and

Republic

Respondent

Ruling

1. The applicant was sentenced to twenty-five (25) years imprisonment for the offence of Murder contrary to section 203 of the Penal Code.

2. He is now applying for resentence in the same court. He has filed an Appeal to the Court of Appeal which is still pending.

3. This court is functus officio on this matter. The applicant is before the wrong court and should pursue his appeal in Court of Appeal.

4Application dismissed.

5File Closed.

DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 24TH DAY OF SEPTEMBER, 2024. R. WENDOHJUDGEDelivered in the presence of:In person- Appellant.Mr. Majale for the State.Court Assistants – Juma/Hellen