[2018] KEHC 4667 (KLR)

[2018] KEHC 4667 (KLR)

The court found that the application for resentencing was supported by an affidavit that was not commissioned. Under Kenyan law, affidavits must be properly commissioned to be valid. The absence of a commissioned affidavit rendered the application incurably incompetent. Consequently, the court struck out the...

Source-derived case information.

Citation
[2018] KEHC 4667 (KLR)
Parties
Applicant: Benjamin Obati Ayoki; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 57 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application for Resentencing
Outcome
application struck out as incompetent
Legal Topics
Resentencing Application, Affidavit Requirements, Procedural Incompetence
Source Language
en
Criminal Law Resentencing Application Affidavit Requirements Procedural Incompetence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Benjamin Obati Ayoki

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Resentencing

Legal Issues

  1. 1 Whether the application for resentencing is competent in the absence of a properly commissioned supporting affidavit.

Ratio Decidendi

The court found that the application for resentencing was supported by an affidavit that was not commissioned. Under Kenyan law, affidavits must be properly commissioned to be valid. The absence of a commissioned affidavit rendered the application incurably incompetent. Consequently, the court struck out the application for failing to comply with mandatory procedural requirements.

Court Disposition

application struck out as incompetent

Orders

  • The application is rejected and struck out as being incurably incompetent.