Opilo v Republic [2022] KEHC 14082 (KLR)

Opilo v Republic (Criminal Petition E007 of 2022) [2022] KEHC 14082 (KLR) (12 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14082 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Petition E007 of 2022

RE Aburili, J

October 12, 2022

Between

John Odhiambo Opilo

Petitioner

and

Republic

Respondent

Judgment

1. By a petition dated July 8, 2022 and filed in court on 27/7/2022, the petitioner herein John Odhiambo Opilo seeks from this court orders of taking into account the provisions of section 333(2) of the Criminal Procedure Code. The petitioner claims that he was convicted for the offence of defilement contrary to section 8(1) as read with section 8(4) of the Sexual Offence Act and sentenced to serve 20 years imprisonment. He now wants resentencing.

2. However, besides his petition, he has also filed a notice of motion dated June 8, 2022 seeking for resentencing. This court cannot tell which of the two application and petition, should be considered on its merit.

3. Furthermore, the petitioner/applicant has cited Criminal Case No 278/2015 which when availed to this court bears a different accused person of George Odhiambo Opiyo whose case was withdrawn under section 204 of the Criminal Procedure Code on July 1, 2015 and the offence was assault causing actual bodily harm, two counts thereof.

4. The petitioner/applicant’s petition/application cannot be comprehended by this court. The two pleadings are hereby struck out.

5. The registry to return the lower court file which has no relation to the convict herein.

6. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE