Martin v Republic [2022] KEHC 16784 (KLR)

Martin v Republic (Criminal Petition E014 of 2022) [2022] KEHC 16784 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16784 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E014 of 2022

RE Aburili, J

December 20, 2022

Between

Daniel Okoth Martin

Petitioner

and

Republic

Respondent

(Originating from HCRA 13/2017)

Ruling

1. The petitioner filed an appeal to the Court of Appeal challenging judgment delivered in HCRA 13/2017 and the original file was forwarded to the Court of Appeal.

2. Accordingly, this court cannot resentence him in a matter which is pending before the Court of Appeal.

3. The petition for resentencing is declined and dismissed.

4. File closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE