[2021] KEHC 5540 (KLR)
The court found that the application by the applicant was inconsistent and vague, as it was unclear whether the applicant was seeking leave to appeal out of time or a review of sentence. Due to this lack of clarity, the court was unable to determine the precise relief sought and therefore struck out the application....
Source-derived case information.
- Citation
- [2021] KEHC 5540 (KLR)
- Parties
- Applicant: Gregory Goro Achola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E077 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time and Sentence Review
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Leave to Appeal Out of Time, Application Struck Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gregory Goro Achola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Leave to Appeal Out of Time and Sentence Review
Legal Issues
- 1 Whether the applicant's application is sufficiently clear to warrant consideration by the court.
- 2 Whether the applicant is entitled to leave to appeal out of time or sentence reduction.
Ratio Decidendi
The court found that the application by the applicant was inconsistent and vague, as it was unclear whether the applicant was seeking leave to appeal out of time or a review of sentence. Due to this lack of clarity, the court was unable to determine the precise relief sought and therefore struck out the application. The applicant was granted liberty to file a proper application for consideration on its merits.
Court Disposition
application struck out
Orders
- The application is struck out for inconsistencies and vagueness.
- Applicant at liberty to file a proper application for consideration on its merits.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E077 OF 2021
CORAM: R.E. ABURILI, J
GREGORY GORO ACHOLA...........................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................................RESPONDENT
(Being an Application seeking sentence review in Bondo Principal Magistrate Court
Criminal Case No. 1017 of 2018)
DIRECTIONS
1. The application by the convict GREGORY GORO ACHOLA seeks for leave to appeal out of time whereas the mitigation grounds in support thereof seek for sentence reduction.
2. There is serious contradiction and this court cannot tell what the applicant seeks before this court. The application is struck out for inconsistencies and vagueness.
3. Applicant at liberty to file a proper application for consideration on its merits.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021
R.E. ABURILI
JUDGE