Otieno v Republic [2022] KEHC 14434 (KLR)

Otieno v Republic (Criminal Petition E056 of 2020) [2022] KEHC 14434 (KLR) (26 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14434 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Petition E056 of 2020

RE Aburili, J

October 26, 2022

Between

Wilson Dimesi Otieno

Petitioner

and

Republic

Respondent

(Petition for Resentencing in Maseno PM Sexual Offence case No. 73 of 2014 AND in Kisumu HCCRA No. 65 of 2015)

Ruling

1. This petition has been pending in this court from August 6, 2020 which is over 2 years. It seeks for resentencing of the petitioner who claims that he was sentenced to serve 20 years imprisonment upon being convicted under section 8 (3) of the Sexual Offences Act vide Maseno PM S O No 73/2014 and his appeal vide Kisumu HCRA 65/2015 was dismissed.

2. When the petition came up last on June 22, 2022 before F A Ochieng J (as he then was), the petitioner was granted 30 days to file proceedings from the trial court. No such proceedings have been filed 4 months down the line.

3. I hereby dismiss this petition for non-compliance with directions of the court given on June 22, 2022 as the petition cannot be mentioned forever waiting for compliance.

4. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF OCTOBER, 2022R E ABURILIJUDGE