[2020] KEHC 13 (KLR)
The court found that the application could not be entertained because the particulars of the lower court file provided by the applicant did not match the file before the court. The court emphasized that it is the applicant's responsibility to provide accurate file particulars to enable the court to trace and...
Source-derived case information.
- Citation
- [2020] KEHC 13 (KLR)
- Parties
- Applicant: Jamine Owuor Oyamo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Defilement Offence, Sexual Offences Act, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamine Owuor Oyamo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application for sentence reduction is properly before the court given the mismatch of file particulars.
- 2 Whether the court can entertain an application where the applicant has failed to provide correct file particulars.
Ratio Decidendi
The court found that the application could not be entertained because the particulars of the lower court file provided by the applicant did not match the file before the court. The court emphasized that it is the applicant's responsibility to provide accurate file particulars to enable the court to trace and consider the matter. Due to this procedural defect, the application was struck out and the file closed, with instructions for the wrong file to be returned to the lower court for disposal.
Court Disposition
application struck out
Orders
- The application is struck out for wrong particulars.
- File closed and the wrong file to be returned to the lower court for disposal.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E014 OF 2020
CORAM: HON. R.E. ABURILI J
JAMINE OWUOR OYAMO.……..……..……………..……...……………………APPLICANT
VERSUS
REPUBLIC …………………….………….………………………..…..….....….. RESPONDENT
RULING
1. The applicant claims that he was sentenced to serve 20 years imprisonment for defilement under section 8(3) of the Sexual Offences Act, in Siaya SRM CR CASE/SO No. 15 of 2009. He seeks for sentence reduction. I have considered the application by Jamine Owuor Oyamo the convict. The file quoted by the Applicant/convict does not match particulars of the lower court file which has been brought before this court. It is the duty of an applicant to avail to court particulars of files which exist for tracing purposes
2. The application is struck out for wrong particulars.
3. File closed and the wrong file to be returned to the lower court for disposal.
4. Orders accordingly.
Dated, signed and Delivered at Siaya, this 3rd Day of December, 2020
R.E. ABURILI
JUDGE