Limakori v Republic (Miscellaneous Criminal Application E004 of 2024) [2024] KEHC 12044 (KLR) (24 September 2024) (Ruling) Neutral citation: [2024] KEHC 12044 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAPENGURIA MISCELLANEOUS CRIMINAL APPLICATION E004 OF 2024 RPV WENDOH, J SEPTEMBER 24, 2024 (FROM THE ORIGINAL HIGH COURT CR. C NO. 19 OF 2015) BETWEEN SAMSON LIMAKORI ............................................................................ PETITIONER AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant was sentenced to twenty-five (25) years imprisonment for the ofience of Murder contrary to section 203 of the Penal Code. 2. He is now applying for resentence in the same court. He has filed an Appeal to the Court of Appeal which is still pending. 3. This court is functus oficio on this matter. The applicant is before the wrong court and should pursue his appeal in Court of Appeal. 4 Application dismissed. 5 File Closed. DELIVERED, DATED AND SIGNED AT KAPENGURIA THIS 24TH DAY OF SEPTEMBER, 2024. R. WENDOH JUDGE Delivered in the presence of: In person- Appellant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12044/eng@2024-09-24 1
page 1 of 2
Mr. Majale for the State. Court Assistants – Juma/Hellen https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12044/eng@2024-09-24 2
page 2 of 2