Omollo v Republic [2023] KEHC 2796 (KLR)

Omollo v Republic (Criminal Petition E027 of 2022) [2023] KEHC 2796 (KLR) (24 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2796 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Petition E027 of 2022

RE Aburili, J

March 24, 2023

Between

George Omollo

Petitioner

and

Republic

Respondent

Ruling

1. The Petitioner is George Omollo. He claims in this Petition for Resentencing that he was convicted and sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act vide Winam Principal Magistrate Sexual Offences No 505 of 2014.

2. That he appealed vide Kisumu High Court Criminal Appeal No 120 of 2015 which was dismissed. He does not indicate whether he appealed to the Court of Appeal.

3. Regrettably, this petition was not accompanied by any material to support the resentencing plea. No testimonial from Prison and no proceedings or record from the trial or even appellate court yet appellant to the High Court are usually provided with Records of Appeal automatically and free of charge.

4. I find the Petition not supported by any material and therefore the allegations of rehabilitation or reform are barren.

5. I find no merit in the petition for resentencing which I hereby dismiss.

6. Ruling to be typed and order extracted and served on the Petitioner forthwith through prison at Kisumu Maximum.

7. File closed

8. I so order.

Dated, Signed and Delivered at Kisumu this 24th Day of March, 2023R. E. ABURILIJUDGE