Mwavaka v Republic [2022] KEHC 15564 (KLR)

Mwavaka v Republic (Miscellaneous Criminal Application E097 of 2022) [2022] KEHC 15564 (KLR) (18 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15564 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E097 of 2022

RE Aburili, J

November 18, 2022

Between

Aggrey Lihanda Mwavaka

Applicant

and

Republic

Respondent

(Being an Application arising from the Principal Magistrate’s court at Bondo in Criminal Case No. 350/2012)

Ruling

1. The High Court has searched for the file in question HCRA 25/2013 but the same is not available in our records as there was no High Court at Siaya in 2013. The High Court was established in 2015.

2. For the above reason, the application by the applicant is misplaced as this court cannot resentence or review sentence on a file which does not exist.

3. This application by the applicant Henry Luhanda Mwavaka is found to be devoid of any merit and is unsupported.

4. It is hereby dismissed. File is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE