[2021] KEHC 5490 (KLR)
The court found that the application for sentence review was not supported by a sworn affidavit, rendering it incompetent. The absence of a sworn affidavit is a fatal procedural defect, and as such, the application could not be considered on its merits. The court therefore struck out the application but granted...
Source-derived case information.
- Citation
- [2021] KEHC 5490 (KLR)
- Parties
- Applicant: Joseph Wango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E083 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application struck out as incompetent
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Procedure in Criminal Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wango Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the application for resentencing is competent in the absence of a sworn affidavit.
Ratio Decidendi
The court found that the application for sentence review was not supported by a sworn affidavit, rendering it incompetent. The absence of a sworn affidavit is a fatal procedural defect, and as such, the application could not be considered on its merits. The court therefore struck out the application but granted liberty to the applicant to file a fresh, proper application for consideration.
Court Disposition
application struck out as incompetent
Orders
- The application is struck out for want of a sworn affidavit.
- The applicant is at liberty to file a fresh proper petition/application for consideration on merits.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E083 OF 2021
CORAM: R.E. ABURILI, J
JOSEPH WANGO OMONDI.................APPLICANT
VERSUS
REPUBLIC..........................................RESPONDENT
(Being an Application seeking sentence review in Ukwala Principal Magistrates’ Court Criminal Case No. 531 of 2015)
RULING
1. I have considered the application by the convict JOSEPH WANGO OMONDI. There is no affidavit supporting the application for resentencing. The ‘affidavit’ in the court file is not sworn.
2. Accordingly, the application is incompetent. The same is hereby struck out.
3. The applicant is at liberty to file a fresh proper petition/application for consideration on merits.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 30th Day of June, 2021
R.E. ABURILI
JUDGE