[2022] KEHC 1396 (KLR)
The court found that the applicant failed to provide any material evidence to demonstrate that he was not on bond during trial or that he did not abscond. Additionally, the applicant's affidavit was not sworn, further undermining the credibility and sufficiency of his application. As a result, the court held that...
Source-derived case information.
- Citation
- [2022] KEHC 1396 (KLR)
- Parties
- Applicant: Byron Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E035 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Reduction of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Criminal Appeals, Firearm Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Byron Omondi Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Reduction of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant has provided sufficient material to demonstrate eligibility for sentence reduction.
Ratio Decidendi
The court found that the applicant failed to provide any material evidence to demonstrate that he was not on bond during trial or that he did not abscond. Additionally, the applicant's affidavit was not sworn, further undermining the credibility and sufficiency of his application. As a result, the court held that the application for reduction of sentence under Section 333(2) of the Criminal Procedure Code was devoid of merit and dismissed it accordingly.
Court Disposition
application dismissed
Orders
- The application for reduction of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. E035 OF 2022
CORAM: HON. R.E. ABURILI, J
BYRON OMONDI OTIENO..................APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an Application arising from conviction and sentence from Principal Magistrate’s
Court at Ukwala in Criminal Case No. 352 of 2016)
RULING
1. I have considered the application by the convict/applicant herein. This is the 4th time this court is being confronted with proceedings of similar nature filed by the same applicant convict. The first was in HCRA 142/2016 which appeal was heard and determined.
2. The appeal against conviction and sentence of 10 years imprisonment for the offences of a firearm without a permit was dismissed.
3. The applicant sought to appeal as a pauper but his application was declined. He then filed Criminal Revision No. 6/2019 which was dismissed on 16/10/2019. He now files this applications seeking for reduction of sentence under Section 333(2) of the Criminal Procedure Code.
4. Regrettably, the applicant has not placed before this court any material to demonstrate that he was not on bond during trial and or that he did not abscond and that therefore he was not given the least severe sentence.
5. For that reason, and as his affidavit on facts is not sworn, I find this application devoid of merit. It is hereby dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE