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Imbati v ODDP (Criminal Petition E006 of 2022) [2023] KEHC 22499 (KLR) (21 September 2023) (Ruling)
Neutral citation:
[2023] KEHC 22499 (KLR)
Republic of Kenya
Criminal Petition E006 of 2022
PJO Otieno, J
September 21, 2023
Between
Silas Imbati
Petitioner
and
ODDP
Respondent
Ruling
1.Having perused the two Petitions by the Petitioner seeking to be re-sentenced pursuant to the Muruatetu (1)1 decision, and upon reading the proceedings at trial, those on appeal at the High Court and in the Court of Appeal, the court finds that the petitioner having been charged with the offence of robbery with violence is not subject for consideration for re-sentencing.
2.In its directions to the Courts below it, the Supreme Court in Muruatetu (2)2 did direct as follows:
3.It is obvious that having been charged, and convicted of robbery with violence and having exhausted his appellate rights, the petitioner is not entitled to seek re-sentencing before this court. The two Petitions are therefore dismissed.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 21ST DAY OF SEPTEMBER, 2023.PATRICK J. O. OTIENOJUDGE
