Peter Musyoka Harun v Republic [2021] KEHC 5324 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

Coram:  Hon. D. K. Kemei - J

CRIMINAL PETITION E002 OF 2021

PETER MUSYOKA HARUN...APPLICANT

-VERSUS-

REPUBLIC...........................PROSECUTOR

RULING

1. The Applicant PETER MUSYOKA HARUN vide application filed on 12th January, 2021 repeated his earlier Notice of Motion filed on 24. 4.2019 and yet again sought a resentence hearing.

2. The state opposed the application and submitted that this court is functus officio hence the application should be directed to the Court of Appeal.

3. I have considered the application. Having addressed myself to the same application vide ruling rendered on 23rd November, 2020 where the applicant was directed to approach the Court of Appeal, I see no need to repeat myself. The applicant should heed the advice given vide the ruling rendered in Hccr Misc. No. 68 of 3019 by seeking redress in the Court of Appeal.

4. The application filed on 12. 01. 2021 is hereby dismissed for want of merit.

It is so ordered.

DATED AND DELIVERED AT MACHAKOS THIS 8TH DAY OF JULY, 2021

D. K. KEMEI

JUDGE