[2023] KEHC 27139 (KLR)
The court found that the application did not make sense, as the applicant had already been assigned an appeal case number, contradicting his claim that the appeal was not registered in time. The application failed to disclose any reasonable or comprehensible grounds for the orders sought. Consequently, the court...
Source-derived case information.
- Citation
- [2023] KEHC 27139 (KLR)
- Parties
- Applicant: Joseph Achieng Ajwang; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E078 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Habeas Corpus, Defilement Offence, Sexual Offences Act, Criminal Appeals, Sentence Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Achieng Ajwang
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to be produced before the court as sought in the application.
- 2 Whether the application discloses any reasonable or comprehensible grounds for the orders sought.
Ratio Decidendi
The court found that the application did not make sense, as the applicant had already been assigned an appeal case number, contradicting his claim that the appeal was not registered in time. The application failed to disclose any reasonable or comprehensible grounds for the orders sought. Consequently, the court dismissed the application as lacking merit and closed the file.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Ajwang v Republic (Miscellaneous Criminal Application E078 of 2023) [2023] KEHC 27139 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27139 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E078 of 2023
RE Aburili, J
December 18, 2023
Between
Joseph Achieng Ajwang
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. 035 of 2022 at Winam)
Ruling
1. The applicant Joseph Ochieng Ajwang by his application filed on December 6, 2023 seeks orders that the be produced before court as soon as practical and that he stands to suffer irreparable and prejudice if the application is heard and determined.
2. I was curious to hear the application which seeks for production of an inmate into court. That sounded like habeas corpus application.
3. In the unsworn statement titled ‘supporting affidavit’ he states that he was sentenced to serve twenty (20) years imprisonment for the offence of defilement contrary to section 8(1) as read with Section 8(4) of the Sexual Offences Act by Winam SPM Sexual Offences Case No. 035 of 2022.
4. He does not state when he was convicted and sentenced but he says his appeal No. E051 of 2023 was not registered in good time.
5. It does not make sense that the Applicant had an appeal filed and a casefile number assigned to him but that it was not registered in time.
6. This application does not make any sense at all.
7. It is dismissed.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE