Were alias Nicholas Genga v Republic (Criminal Appeal E015 of 2023) [2026] KEHC 5068 (KLR) (23 April 2026) (Ruling)
The committal warrant was erroneous and illegal as it did not reflect the actual sentence imposed by the court; the correct sentence is 3 years’ imprisonment for obtaining and 2 years’ imprisonment for forgery, to run consecutively from 5/3/2021.
Source-derived case information.
- Citation
- [2026] KEHC 5068 (KLR)
- Parties
- Applicant: Kennedy Ouko Were Alias Nicholas Genga Alias Wilson Oruwa Alias Charles Nyabonga Ngaywa; Respondent: Republic
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal E015 of 2023
- Procedural Posture
- Criminal Appeal / Ruling
- Outcome
- Application allowed
- Legal Topics
- Sentencing, Committal Warrant, Forgery, Obtaining
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ouko Were Alias Nicholas Genga Alias Wilson Oruwa Alias Charles Nyabonga Ngaywa
Applicant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling
Legal Issues
- 1 Whether the committal warrant was erroneous and illegal
- 2 Whether the applicant's sentence was correctly recorded and served
Ratio Decidendi
The committal warrant was erroneous and illegal as it did not reflect the actual sentence imposed by the court; the correct sentence is 3 years’ imprisonment for obtaining and 2 years’ imprisonment for forgery, to run consecutively from 5/3/2021.
Court Disposition
Application allowed
Orders
- The erroneous committal warrant is quashed and replaced with the correct sentence.
- Applicant to be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
1 paragraphs
Were alias Nicholas Genga v Republic (Criminal Appeal E015 of 2023) [2026] KEHC 5068 (KLR) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 5068 (KLR) Republic of Kenya In the High Court at Kisumu Criminal Appeal E015 of 2023 A Mabeya, J April 23, 2026 Between Kennedy Ouko Were Alias Nicholas Genga Alias Wilson Oruwa Alias Charles Nyabonga Ngaywa Applicant and Republic Respondent Ruling 1.I have considered the application. I have considered the record. The applicant was sentenced to 3 years’ imprisonment for obtaining and 2 years’ imprisonment for forgery. The sentences were to run consecutively from 5/3/2021 according to the record signed on 11/11/2022 by the trial court. 2.However, the Committal warrant dated 11/11/2022 reads: -“3 years’ imprisonment 7 years’ imprisonment sentences to run consecutively from 5/3/2021 when the accused was first remanded.” 3.The Committal warrant was erroneous and illegal. It is not in accordance with the sentence of the Court. 4.Accordingly, I hereby quash the said warrant and replace it with 3 years’ imprisonment and 2 years’ imprisonment, respectively. The sentence is to run consecutively from 5/3/2021. 5.Accordingly, the applicant has already served his sentence as at 4/3/2026. He is hereby to be set at liberty forthwith unless otherwise lawfully held. 6.This file is hereby closed.It is so ordered. DATED AND DELIVERED AT KISUMU THIS 23RD DAY OF APRIL, 2026.A. MABEYA, FCI ArbJUDGE