[2020] KEHC 5051 (KLR)
The court found that the applicant's application did not disclose any reasonable cause of action or specify how his constitutional rights had been violated by the conviction and sentence. The application was based on generalized statements and failed to present any compelling or common reason that would warrant a...
Source-derived case information.
- Citation
- [2020] KEHC 5051 (KLR)
- Parties
- Applicant: Kevin Onyango Omolo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 7 of 2020
- Procedural Posture
- Constitutional Petition / Ruling on Application for Special Hearing
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Defilement Sentencing, Post Conviction Review, Constitutional Rights Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Onyango Omolo
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Special Hearing
Legal Issues
- 1 Whether the applicant disclosed sufficient grounds to warrant a special hearing under Articles 22, 23, and 165 of the Constitution.
- 2 Whether the application disclosed any violation of constitutional rights arising from the conviction and sentence.
Ratio Decidendi
The court found that the applicant's application did not disclose any reasonable cause of action or specify how his constitutional rights had been violated by the conviction and sentence. The application was based on generalized statements and failed to present any compelling or common reason that would warrant a substantive hearing or review of the sentence. Consequently, the court held that the application was without merit and should be struck out, advising the applicant to seek paralegal assistance to file an appropriate application if so advised.
Court Disposition
application struck out
Orders
- The application is struck out.
- The applicant to seek paralegal assistance to file an appropriate application for consideration by the court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CONSTITUTIONAL PETITION NO. 7 OF 2020
KEVIN ONYANGO OMOLO.....................................................PETITIONER
VERSUS
REPUBLIC..................................................................................RESPONDENT
RULING
1. I have perused the application by way of Chamber summons filed in court on 9/6/2020. The Petitioner was sentenced to serve 20 years imprisonment in 2013 for the offence of defilement. He never appealed.
2. He seeks to be heard for the sake of justice for reasons advanced in his affidavit that there are compelling and common reason which would have substantially changed the outcome of his appeal in terms of appropriate sentence and which could have been within his knowledge by exercise of reasonable diligence being indigent into the field of law. He therefore seeks for a special hearing under Articles 22, 23 and as read with Article 165 of the Constitution.
3. He claims that he is remorseful and promises never to repeat the offence and he will be law abiding as he has been rehabilitated and is transformed so he can be reintegrated in society.
4. I have considered the application which was by way of miscellaneous application but changed by the Registry to read High Court Petition. The same is brought under several Articles of the Constitution.
5. Nonetheless, the applicant does not state how his rights have been violated by the conviction and sentence and he makes a generalised statement that he has a compelling and common reason which reason he does not disclose in the application.
6. I find the application does not disclose any reasonable cause of action to warrant a substantive hearing. I proceed to strike it out. The applicant to seek for paralegal assistance to file an appropriate application for consideration by this court.
7. File closed.
8. Orders accordingly.
Dated, signed and Delivered at Siaya, this 11th Day of June, 2020.
R.E. ABURILI
JUDGE