[2024] KEHC 13379 (KLR)
The court found that there was no evidence on record that the applicant was sentenced to death by the trial court. The applicant failed to annex any death warrant or provide documentation to support his claim. The court had previously dismissed the applicant's appeal against conviction and allowed the appeal against...
Source-derived case information.
- Citation
- [2024] KEHC 13379 (KLR)
- Parties
- Applicant: Bernard Omondi Mumbo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E080 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Leave to Appeal Out of Time, Sentencing, Conviction Appeal, Fair Trial Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Omondi Mumbo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicant was sentenced to death by the trial court as claimed.
- 2 Whether the applicant is entitled to leave to appeal out of time against the alleged sentence.
- 3 Whether there was any denial of fair trial to the applicant.
Ratio Decidendi
The court found that there was no evidence on record that the applicant was sentenced to death by the trial court. The applicant failed to annex any death warrant or provide documentation to support his claim. The court had previously dismissed the applicant's appeal against conviction and allowed the appeal against sentence only to the extent of remitting the matter to the trial court for lawful sentencing. The application for leave to appeal out of time was found to be without substance, as the alleged sentence was not supported by the record, and the applicant's claims of denial of fair trial had already been addressed and dismissed in the earlier appeal. Accordingly, the application...
Court Disposition
application dismissed
Orders
- The application dated 25/5/2023 and filed on 16/6/2023 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Mumbo v Republic (Miscellaneous Criminal Application E080 of 2023) [2024] KEHC 13379 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13379 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E080 of 2023
RE Aburili, J
October 22, 2024
Between
Bernard Omondi Mumbo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Bernard Omondi Mumbo is a convict in Bondo SPM Cr. Case No. 69`B` of 2019 with the offence of robbery with violence contrary to Section 295 as read with Section 296 (2) of the Penal Code. He was sentenced to serve 14 years imprisonment. This was on 15/12/2020.
2. He filed an appeal to this Court vide HCCRA E022/2020 which appeal against conviction was dismissed but the appeal against sentence was allowed on 20th January 2022 3with the court directing that the file be returned to the trial court to impose lawful appropriate sentence.
3. The court never appealed from the sentence imposed and he now claims that he was sentenced to death on 15/12/2020. He has not annexed any death warrant. I have perused the proceedings and judgment in the appeal file and trial court and I find no death sentence pronounced and even if there was, which is not evident, it is lawful sentence, this court having dismissed the appeal against conviction.
4. I observe that the convict was very troublesome during the trial and even absconded the hearing only for him to lament that he was denied a fair trial which this court found to be a lie in the judgment on appeal.
5. It is not surprising that when the convict realized that the judge who had heard his appeal had been transferred from the court station, he filed this application seeking leave to appeal out of time from the death sentence imposed by Bondo PM’s Court, which sentence is not self-evident from the documents that he has filed.
6. I find no substance in the application dated 25/5/2023 and filed in court on 16/6/2023. It is hereby dismissed.
7. This file is closed.
RULING DATED, SIGNED AND DELIVERED THIS 22NDDAY OF OCTOBER, 2024R. E. ABURILIJUDGE