Otieno v Republic [2022] KEHC 14583 (KLR)

Otieno v Republic (Miscellaneous Criminal Application E063 of 2021) [2022] KEHC 14583 (KLR) (27 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14583 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E063 of 2021

RE Aburili, J

October 27, 2022

Between

Benard Oluoch Otieno

Applicant

and

Republic

Respondent

Ruling

(Application for Resentencing) 1. The Applicant herein Benard Oluoch Otieno filed this application on 1/7/2021. The efforts by the court to trace him in the prison where the application originated from have not borne fruit, as per the submission by Ms. Odumba Senior Principal Prosecution Counsel on 22/6/2022.

2. For the above reasons, it is not appropriate to keep this file open infinitum.

3. The application for resentencing filed on 1/7/2021is hereby dismissed for want of prosecution as the applicant cannot be traced

4. File is closed

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE