[2024] KEHC 11600 (KLR)
The court found that the applicant's application failed to state any specific prayers or substantive grounds for relief. The application merely recounted the applicant's conviction and sentence for defilement and the dismissal of his appeal, without advancing any legal basis for the court to intervene. Consequently,...
Source-derived case information.
- Citation
- [2024] KEHC 11600 (KLR)
- Parties
- Applicant: Joseph Amatabi Khamete; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E150 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sexual Offences Act, Conviction Appeal, Life Imprisonment, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Amatabi Khamete
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's miscellaneous criminal application disclosed any substantive grounds for relief.
- 2 Whether the application should be dismissed for want of substance.
Ratio Decidendi
The court found that the applicant's application failed to state any specific prayers or substantive grounds for relief. The application merely recounted the applicant's conviction and sentence for defilement and the dismissal of his appeal, without advancing any legal basis for the court to intervene. Consequently, the court dismissed the application for want of substance and ordered the file closed.
Court Disposition
application dismissed
Orders
- The application dated 12th August 2024 is dismissed for want of substance.
- The file is closed.
Full Case Text
Judgment text and source record
17 paragraphs
Khamete v Republic (Miscellaneous Criminal Application E150 of 2024) [2024] KEHC 11600 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11600 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E150 of 2024
RE Aburili, J
September 26, 2024
Between
Joseph Amatabi Khamete
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Winam Senior Principal Magistrate Criminal Sexual Offences Case No. 536 of 2016))
Ruling
1. The Applicant is Joseph Amatabi Khamete. Other than narrating that he was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act vide Winam SPM Sexual Offences Case No. 536 of 2016 and his appeal vide HCCRA No. 72 of 2019 dismissed; and that he, the applicant was sentenced to serve life imprisonment, the Applicant does not state what prayers he is seeking vide his application dated 12th August 2024 which is hereby dismissed for want of substance and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024**R. E. ABURILIJUDGE