Case Metadata |
|
| Case Number: | Constitutional Petition 46 of 2019 |
|---|---|
| Parties: | Fred Odhiambo v Republic |
| Date Delivered: | 27 Jan 2020 |
| Case Class: | Criminal |
| Court: | High Court at Siaya |
| Case Action: | Ruling |
| Judge(s): | Roselyne Ekirapa Aburili |
| Citation: | Fred Odhiambo v Republic [2020] eKLR |
| Advocates: | Mr. Okachi: Prosecution Counsel for the State |
| Court Division: | Criminal |
| County: | Siaya |
| Advocates: | Mr. Okachi: Prosecution Counsel for the State |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Petition dismissed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 46 OF 2019
(CORAM: R. E. ABURILI - J.)
FRED ODHIAMBO..........................................PETITIONER
VERSUS
REPUBLIC......................................................RESPONDENT
RULING
1. The Petitioner is in prison and has not been produced in court. I however, observe that the Petition is for resentencing. There are no court proceedings and judgment of the Lower Court attached.
2. Defilement under Section 8(1)(2) is an offence that carries up to life imprisonment but the petitioner was given only 20 years imprisonment. He should have appealed against sentence instead of filing a Petition for resentencing. I hereby find this petition incompetent and I proceed to dismiss it.
3. Orders accordingly.
Dated, Signed and Delivered at SIAYA this 27th Day of January 2020.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okachi: Prosecution Counsel for the State
Court Assistants: Brenda, Modestar
Please Wait. Searching ...