Constitutional and Human Rights Division v Republic

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT SIAYA CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 11 “A” OF 2019 FREDRICK JUMA OCHIENG-ALIAS KASAWAHI.........APPLICANT VERSUS REPUBLIC...........................................................................RESPONDENT (Being an application for Const Pet of sentence in Ukwala PMCRC No. 210 of 2012) RULING 1. As the Petitioner has not exhausted his right of appeal before the Court of Appeal, this Court lacks jurisdiction to re-sentence him as the appeal before the High Court at Kisumu vide H.Cr.A 32/2013 was dismissed and no appeal has been lodged to challenge that decision of the High Court. 2. This petition is dismissed. 3. File closed. DATED AT SIAYA THIS 9TH DAY OF OCTOBER, 2019. HON. LADY JUSTICE R. E. ABURILI JUDGE