Opondo v Republic [2022] KEHC 16871 (KLR)

Opondo v Republic (Miscellaneous Criminal Application E019 of 2022) [2022] KEHC 16871 (KLR) (19 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16871 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E019 of 2022

RE Aburili, J

December 19, 2022

Between

Vincent Owuor Opondo

Applicant

and

Republic

Respondent

(Being an Application for resentencing arising from conviction and sentence in Siaya HCR 27/2018 Criminal Case 27 of 2018 )

Ruling

1. The applicant claims that he was convicted and sentenced to serve life imprisonment vide Siaya HCR 27/2018. He seeks for resentencing.

2. This court having convicted and sentenced the applicant cannot resentence him before he exhausts the avenues on appeal. Furthermore, the life imprisonment allegedly imposed on him, it is not stated for what offence he was tried, convicted and sentenced.

3. The petition challenges the evidence which issue can only be raised on appeal not before this court.

4. I find the application which was mischievously filed before Kisumu High Court instead of this court to be devoid of any merit and a waste of judicial time.

5. It is hereby dismissed.

6. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 19THDAY OF DECEMBER, 2022R.E. ABURILIJUDGE