Fredrick Kizito v Republic

Kizito v Republic (Miscellaneous Criminal Application E015 of 2023) [2023] KEHC 3153 (KLR) (12 April 2023) (Ruling) Neutral citation: [2023] KEHC 3153 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E015 OF 2023 RE ABURILI, J APRIL 12, 2023 BETWEEN FREDRICK KIZITO ................................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant herein Fredrick Kizito was convicted and sentenced to serve fifteen (15) years imprisonment for the ofience of murder contrary to Section 203 of the Penal Code vice HCR No 50 of 2003 at Kisumu. 2. He now claims that he was aged 17 years when he was sentenced and that he is now reformed and trained in life’s skills as shown by the annexed certificates. 3. I have perused the documents annexed. Among them is a warrant of committal to prison dated March 10, 2006. The Petitioner was sentenced to death and vide Kisumu High Court Petition No 49 of 2019, he was resentenced to serve fifteen (15) years imprisonment. 4. The fifteen (15) years imprisonment was to run from June 18, 2019. The Applicant having been resentenced by the court of competent, concurrent jurisdiction, this court has no power to resentence or reduce the imposed sentence further. 5. Further, vide the order dated February 15, 2022, FA Ochieng J, (as he then was) stated as follows: “ It is ordered that when the prison authorities are calculating the period which the application is to spend when serving sentence, should take into account the three (3) years, six (6) months and 9 days which he spent in custody during trial.” https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3153/eng@2023-04-12 1

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