[2018] KEHC 1889 (KLR)
The court found that since the applicant had been sentenced over two years ago and the sentences were to run consecutively, it was likely that the applicant had already completed serving the sentence. Furthermore, there was no follow-up on the application for revision of sentence since it was filed in May 2016. In...
Source-derived case information.
- Citation
- [2018] KEHC 1889 (KLR)
- Parties
- Applicant: Maurice Otieno Opetu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 42 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Revision of Sentence, Consecutive Sentences, Completion of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Otieno Opetu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the application for revision of sentence is maintainable after the applicant has likely completed serving the sentence.
- 2 Whether there was any follow-up or diligence in prosecuting the application for revision.
Ratio Decidendi
The court found that since the applicant had been sentenced over two years ago and the sentences were to run consecutively, it was likely that the applicant had already completed serving the sentence. Furthermore, there was no follow-up on the application for revision of sentence since it was filed in May 2016. In view of these circumstances, the court held that the application was no longer tenable and dismissed it, closing the file.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed.
- The file herein is closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
SIAYA HC. MISC. CR. APP. NO. 42 OF 2016
(CORAM: R. E. ABURILI - J.)
MAURICE OTIENO OPETU..................APPLICANT/APPELLANT
VERSUS
REPUBLIC......................................................................RESPONDENT
RULING
1. The Applicant is absent. The conviction and sentence was meted out in May 2016 and in my view, albeit the sentences were to run consecutively, the convict must have completed his said sentences, by now as it is over 2years since he was sentenced.
2. The Application for Revision of Sentence was made on 6/5/2016 and no follow up was made.
3. The same is dismissed and file herein is closed.
Orders accordingly.
Dated, Signed and Delivered at SIAYA this 6th Day of November 2018.
R.E. ABURILI
JUDGE