Olando v Republic [2022] KEHC 16826 (KLR)

Olando v Republic (Miscellaneous Criminal Application E079 of 2022) [2022] KEHC 16826 (KLR) (20 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16826 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E079 of 2022

RE Aburili, J

December 20, 2022

Between

Anthony Odhiambo Olando

Applicant

and

Republic

Respondent

Ruling

1. From the applicant’s chamber summons and affidavit, his appeals were filed before Court of Appeal. He has not attached any proceedings or judgment from the Court of Appeal to indicate that his appeal was concluded.

2. This court cannot revise sentence in a matter where it resentenced the applicant and he has an appeal pending before the Court of Appeal. It can also not resentence a convict twice.

3. The application for resentencing is found to be devoid of any merit and is hereby declined.

4. File closed. I so order.

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