Kadanya v Republic (Criminal Petition E008 of 2023) [2023] KEHC 1779 (KLR) (28 February 2023) (Ruling) Neutral citation: [2023] KEHC 1779 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL PETITION E008 OF 2023 RE ABURILI, J FEBRUARY 28, 2023 BETWEEN JOHN LUFAI KADANYA ....................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for resentencing in Ukwala PM SO 29/2016 and in Siaya HCCRA No. 82/2016) RULING 1. The Petitioner/Applicant/Convict was sentenced to serve 20 years imprisonment vide Ukwala PM SO 291/2016 on 3/8/2016. He appealed to this Court vide HCRA 82/2016. Majanja J heard his appeal and dismissed it on 19/2/2018. He does not say whether he appealed to the Court of Appeal. He now prays for resentencing after mitigation. 2. I have considered the application. I have also perused the lower court proceedings. Although the applicant was given mandatory minimum sentence, he was allowed to mitigate which mitigation was considered. 3. The sentence imposed was lawful. I find no reason to interfere with the same. 4. I decline and dismiss the application for resentencing. 5. I so order. File closed. DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023. R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1779/eng@2023-02-28 1
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