[2020] KEHC 4468 (KLR)
The court found that the application for amendment was merited because the charge sheet annexed to the application clearly showed the applicant's date of arrest as 28/1/2008, not 19/1/2009 as previously recorded. The court exercised its discretion to correct the order to reflect the true date of arrest, ensuring the...
Source-derived case information.
- Citation
- [2020] KEHC 4468 (KLR)
- Parties
- Applicant: Fredrick Okoth Arwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 40 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Amendment of Order
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Amendment of Orders, Date of Arrest, Correction of Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Okoth Arwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Amendment of Order
Legal Issues
- 1 Whether the order dated 27th March 2019 should be amended to reflect the correct date of arrest of the applicant.
Ratio Decidendi
The court found that the application for amendment was merited because the charge sheet annexed to the application clearly showed the applicant's date of arrest as 28/1/2008, not 19/1/2009 as previously recorded. The court exercised its discretion to correct the order to reflect the true date of arrest, ensuring the accuracy of the court record and preventing any prejudice to the applicant arising from the error.
Court Disposition
application allowed
Orders
- The order dated 27th March 2019 in High Court Petition No. 21 of 2018 is amended to reflect the date of arrest as 28/1/2008.
- The Deputy Registrar is directed to extract an amended order and serve the Prison authorities.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 40 OF 2020
FREDRICK OKOTH ARWA...................................................APPLICANT
VERSUS
REPUBLIC............................................................................RESPONDENT
RULING
1. I have considered the application for amendment of the Order dated 27th March 2019 in High Court Petition No. 21 of 2018 on the date of arrest of the applicant.
2. I find the application merited as the charge sheet annexed shows his date of arrest to be 28/1/2008 not 19/1/2009.
3. I grant the orders sought and amend the orders to read from date of arrest on 28/1/2008.
4. The Deputy Registrar to extract an amended Order in High Court Petition 21 of 2018 and serve Prison authorities.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 6th Day of July 2020
R.E. ABURILI
JUDGE