[2022] KEHC 14252 (KLR)
The court found that the application for resentencing was incompetent because it was not supported by any sworn affidavit or material evidence. Without such supporting material, the court had no basis upon which to consider the merits of the application. Consequently, the application was struck out for want of...
Source-derived case information.
- Citation
- [2022] KEHC 14252 (KLR)
- Parties
- Applicant: Peter Obare Amara; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E015 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- Application struck out for incompetency and want of material particulars.
- Judges
- RE Aburili
- Legal Topics
- Resentencing Application, Criminal Procedure, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Obare Amara
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the application for resentencing is competent in the absence of a supporting affidavit or material evidence.
Ratio Decidendi
The court found that the application for resentencing was incompetent because it was not supported by any sworn affidavit or material evidence. Without such supporting material, the court had no basis upon which to consider the merits of the application. Consequently, the application was struck out for want of material particulars.
Court Disposition
Application struck out for incompetency and want of material particulars.
Orders
- The application for resentencing is struck out as incompetent.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Amara v Republic (Miscellaneous Criminal Application E015 of 2022) [2022] KEHC 14252 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14252 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E015 of 2022
RE Aburili, J
October 12, 2022
Between
Peter Obare Amara
Applicant
and
Republic
Respondent
(Being an Application for resentencing arising from Judgment, conviction and sentence in PM’s court at Siaya in Criminal Case No. 320 of 2015 delivered by Hon. C.A. Okore, Senior Resident Magistrate on 15/9/2016 and in Siaya HCRA No. 115/2016)
Ruling
1. I have considered the application for resentencing dated September 26, 2022.
2. It is not supported by any sworn affidavit or material for consideration by this court.
3. The same is hereby struck out as being incompetent and for want of material particulars upon which this court can consider the application.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12THDAY OF OCTOBER, 2022R.E. ABURILIJUDGE