[2022] KEHC 13840 (KLR)
The court found that the applicant failed to provide any record of judgment from either the Magistrate’s Court or the High Court on appeal relevant to his case, nor did he annex any copy of the judgment he sought to challenge. In the absence of such particulars, the court could not consider the application on its...
Source-derived case information.
- Citation
- [2022] KEHC 13840 (KLR)
- Parties
- Applicant: Joseph Opiyo Marende; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E109 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Challenge Conviction and Sentence
- Outcome
- application struck out for want of particulars
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Criminal Appeals, Conviction Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Opiyo Marende
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Challenge Conviction and Sentence
Legal Issues
- 1 Whether the applicant provided sufficient particulars to support his application challenging conviction and sentence.
- 2 Whether the court could consider the application in the absence of the relevant judgment or record.
Ratio Decidendi
The court found that the applicant failed to provide any record of judgment from either the Magistrate’s Court or the High Court on appeal relevant to his case, nor did he annex any copy of the judgment he sought to challenge. In the absence of such particulars, the court could not consider the application on its merits. The application was therefore struck out for want of particulars.
Court Disposition
application struck out for want of particulars
Orders
- The application is struck out for want of particulars.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Marende v Republic (Miscellaneous Criminal Application E109 of 2022) [2022] KEHC 13840 (KLR) (5 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13840 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E109 of 2022
RE Aburili, J
October 5, 2022
Between
Joseph Opiyo Marende
Applicant
and
Republic
Respondent
(Being an Application against Judgment, conviction and sentence in the Principal Magistrate’s Court at Bondo in Criminal Case No.729/2016 and Siaya HCRA No. 10/2018)
Ruling
1. The applicant is Joseph Opiyo Marende.
2. By his chambers summons filed in this court dated 16/8/2022, he claims that this court convicted him on 30/11/2020 in HCRA 10/2018 for the offence of robbery with violence, arising from Bondo PM CR 729/2016.
3. I find no record of judgment from the Magistrate’s Court or High Court on appeal relevant to the applicant who did not annex any copy of judgment.
4. The application is struck out for want of particulars.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 5TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE