Owino v Republic [2022] KEHC 13843 (KLR)

Owino v Republic (Miscellaneous Criminal Application E111 of 2022) [2022] KEHC 13843 (KLR) (5 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13843 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E111 of 2022

RE Aburili, J

October 5, 2022

Between

Philip Odhiambo Owino

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in Senior Resident Magistrate’s in Bondo Sexual Offence Case No. 1041 of 2007 AND Kisumu HCCRA No. 25 of 2009)

Ruling

1. The applicant seeks for resentencing in a matter whose proceedings were conducted in Bondo PM’S Court So No 1041/2007 And Kisumu Hcra 25/2009. That was before Siaya High Court was established. This is not the court that handled the appeal and it cannot call for an appeal file from Kisumu High Court. The applicant should seek for resentencing from Kisumu High Court or Bondo PM’s court.

2. This application is dismissed.

3. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE