[2023] KEHC 3285 (KLR)
The court dismissed the application for sentence revision on the basis that it was materially deficient. The applicant failed to disclose the convicting court and case number, depriving the court of jurisdictional and factual context necessary to consider the merits of the application. Without such fundamental...
Source-derived case information.
- Citation
- [2023] KEHC 3285 (KLR)
- Parties
- Applicant: Daniel Lihanda Mugodo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E082 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Stealing Offence, Penal Code Section 268, Procedural Deficiency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Lihanda Mugodo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the applicant's sentence of two years imprisonment for stealing should be revised.
- 2 Whether the application contains sufficient information for the court to consider sentence revision.
Ratio Decidendi
The court dismissed the application for sentence revision on the basis that it was materially deficient. The applicant failed to disclose the convicting court and case number, depriving the court of jurisdictional and factual context necessary to consider the merits of the application. Without such fundamental information, the court could not make any meaningful orders in favour of the applicant.
Court Disposition
application dismissed
Orders
- The application dated December 15, 2022 is dismissed.
- Order to be extracted and served on the convict in prison through prison authorities.
Full Case Text
Judgment text and source record
21 paragraphs
Mugodo v Republic (Criminal Revision E082 of 2022) [2023] KEHC 3285 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3285 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E082 of 2022
RE Aburili, J
April 13, 2023
Between
Daniel Lihanda Mugodo
Applicant
and
Republic
Respondent
Ruling
1. This Sentence Revision matter was filed on December 15, 2022 under Certificate of Urgency. The Convict is Daniel Lihanda Mugodo. He seeks for review of his two (2) years imprisonment imposed on him for the offence of stealing contrary to Section 268 (1) as read with Section 27A of the Penal Code.
2. However, he does not disclose which court convicted him and what case number.
3. I find the application to be materially deficient of information that this court can rely on to make any meaningful orders in his favour.
4. The application dated December 15, 2022 is hereby dismissed.
5. Order to be extracted and served on the Convict in prison through prison authorities.
6. This file is hereby closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023R. E. ABURILIJUDGE