Gioya v Republic (Criminal Petition E003 of 2023) [2023] KEHC 501 (KLR) (30 January 2023) (Ruling) Neutral citation: [2023] KEHC 501 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL PETITION E003 OF 2023 RE ABURILI, J JANUARY 30, 2023 BETWEEN STEPHEN ONYANGO GIOYA ............................................................. PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for resentencing arising from conviction and sentence in Siaya PM SO Case No. 22/2017 by Hon. J.O. Ong’ondo (PM) on 22.8.2018 and in Siaya Kisumu HCCRA No. 41 of 2018 by Hon. R.E. Aburili J on 7.10.2019) RULING 1. A similar petition by the applicant Stephen Onyango Gioya convict in Siaya PM Cr SO 22/2017 herein was filed vide Criminal Petition No E006/2022 and a ruling dated October 26, 2022, it was dismissed. 2. The convict seeks for resentencing in a matter that was before this court heard and determined on appeal on sentence after he had withdrawn his appeal against conviction in Siaya HCRA 41/2018 on July 16, 2019. 3. This court rejected the applications for resentencing twice. 4. I find this application to be an abuse of court process. It is hereby dismissed for the same reasons given in Criminal Petition No E006/2022. 5. File closed. DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JANUARY, 2023. R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/501/eng@2023-01-30 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.