Peter Ochieng Tuju v Republic [2021] KEHC 1888 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E105 OF 2021

CORAM: R.E. ABURILI, J

PETER OCHIENG TUJU......................................................................APPLICANT

VERSUS

REPUBLIC.........................................................................................RESPONDENT

(Being an Application arising from conviction and sentence of the

Principal Magistrate’s court at Bondo in Criminal Case No. 69 of 2008)

RULING

1. I have considered the application for resentencing by the applicant herein, filed on 9/11/2021.

2. The application discloses that the offence the applicant was convicted of for which he is serving life sentence is robbery with violence.

3. I find no material to assist the court exercise discretion or to consider the merits of the application for resentencing as there are no proceedings or judgments from the various courts that handled the applicant’s criminal case including on appeal.  The application is declined and dismissed.

4. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021

R.E. ABURILI

JUDGE