[2020] KEHC 5670 (KLR)
The court found that the order for production of the applicant for mitigation and resentencing, as issued in Constitutional Petition No 48 of 2019, had not been complied with due to lack of service upon the Principal Magistrate's court. The High Court declined to issue duplicate orders, instead directing that the...
Source-derived case information.
- Citation
- [2020] KEHC 5670 (KLR)
- Parties
- Applicant: Joseph Owino Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 27 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Compliance With Resentencing Order
- Outcome
- Application allowed to the extent of directing service of previous and current orders for compliance; file closed.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Mitigation Hearing, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Owino Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Compliance With Resentencing Order
Legal Issues
- 1 Whether the previous order for production of the applicant for mitigation and resentencing has been complied with.
- 2 Whether the High Court can issue similar orders as those made in Petition 48/2019.
- 3 What steps should be taken to ensure compliance with the resentencing order.
Ratio Decidendi
The court found that the order for production of the applicant for mitigation and resentencing, as issued in Constitutional Petition No 48 of 2019, had not been complied with due to lack of service upon the Principal Magistrate's court. The High Court declined to issue duplicate orders, instead directing that the previous order and the current order be served upon the PM's court. The PM's court is to issue notice to the DPP and the applicant for purposes of conducting mitigation and resentencing online. The High Court thus closed the file, having provided a clear procedural path for compliance with its earlier order.
Court Disposition
Application allowed to the extent of directing service of previous and current orders for compliance; file closed.
Orders
- The PM's court to be served with orders issued in Petition 48/2019 and this order.
- The PM's court to issue notice upon the DPP and the applicant for purposes of conducting mitigation and resentencing online.
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. 27 OF 2020
JOSEPH OWINO OLOO...............................................APPLICANT
VERSUS
REPUBLIC..................................................................RESPONDENT
RULING
1. Vide Constitutional Petition No 48 of 2019 which was determined on 22/1/2020, this court ordered for the applicant/petitioner herein Joseph Owino Oloo to be produced before the PM’s court for mitigation and resentencing. However, it appears the said order has not been complied with. It was upon service of the order upon the PM’s court that they were to issue production order for the Petitioner to appear for mitigation and resentencing.
2. This court cannot make similar orders as those made in Petition 48/2019.
3. Nonetheless, as the court appear not to have served the said orders upon the PM’s court, I hereby direct that the PM’s court to be served with orders issued in Petition 48/2019 and this order, for the said court to issue Notice upon the DPP and the Petitioner herein who is serving prison, for purposes of conducting the mitigation and resentencing online.
4. This file is closed.
5. Orders accordingly.
Dated, signed and delivered at Siaya, this 21st Day of May 2020.
R.E. ABURILI
JUDGE