Okoth v Republic [2023] KEHC 18987 (KLR)

Okoth v Republic (Criminal Petition E010 of 2023) [2023] KEHC 18987 (KLR) (19 June 2023) (Ruling)

Neutral citation: [2023] KEHC 18987 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Petition E010 of 2023

RE Aburili, J

June 19, 2023

Between

Vincent Otieno Okoth

Petitioner

and

Republic

Respondent

Ruling

1. This Petition for resentencing as filed on June 8, 2023 is similar to the one filed on October 12, 2022. The latter Petition was without any document although the CTS shows the file as active.

2. In the present Petition, the Convict Vincent Otieno Okoth has only annexed documents from prison with no court proceedings and judgment both for the lower court and on appeal yet he claims that he appealed to the High Court vide HCCRA No 17 of 2020 from original Winam SRMCR No 11 of 2019.

3. I find no material upon which I can consider the Petition for resentencing which is not even supported by a sworn affidavit.

4. The Petition is rejected and dismissed suo moto for want of supporting documents, noting that on appeal by a self-represented convict, the court supplies them, free of charge, with copies of proceedings and judgement.

5. This file is closed.

6. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE