[2022] KEHC 1664 (KLR)
The court found that the application for reduction of sentence or for a non-custodial sentence had already been considered and dismissed in a previous application (HC CR Misc. Application No. 46 of 2020). The present application was therefore deemed repetitive and an abuse of the court process. On this basis, the...
Source-derived case information.
- Citation
- [2022] KEHC 1664 (KLR)
- Parties
- Applicant: Maurice Ouma Wangaruo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E023 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Non Custodial Sentence, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Ouma Wangaruo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a reduction of sentence or a non-custodial sentence.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the application for reduction of sentence or for a non-custodial sentence had already been considered and dismissed in a previous application (HC CR Misc. Application No. 46 of 2020). The present application was therefore deemed repetitive and an abuse of the court process. On this basis, the court dismissed the application and ordered the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is hereby closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E023 OF 2022
CORAM: HON. R.E. ABURILI, J
MAURICE OUMA WANGARUO.....................................................................APPLICANT
VERSUS
REPUBLIC......................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court
at Siaya in Misc. Criminal Application No. 46 of 2020 and Original
Criminal Case No. 72 of 2015 at Ukwala Law Courts)
RULING
1. I have considered the application filed on 2/3/2022 for reduction of or that this court awards non-custodial sentence to the applicant.
2. A similar application was filed and considered vide HC CR Misc. Application No. 46 of 2020and the same was dismissed on 10/7/2020.
3. This application is an abuse of court process.
4. It is hereby dismissed and the file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE