[2022] KEHC 15564 (KLR)
The High Court at Siaya could not entertain the application for resentencing or review because the referenced file, HCRA 25/2013, does not exist in its records. Furthermore, the High Court at Siaya was only established in 2015, making it impossible for such a file to have existed in 2013. As a result, the...
Source-derived case information.
- Citation
- [2022] KEHC 15564 (KLR)
- Parties
- Applicant: Aggrey Lihanda Mwavaka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E097 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Review of Sentence, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aggrey Lihanda Mwavaka
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the High Court at Siaya has jurisdiction to resentence or review sentence in a file that does not exist in its records.
- 2 Whether the application for resentencing or review is merited in the absence of the relevant file.
Ratio Decidendi
The High Court at Siaya could not entertain the application for resentencing or review because the referenced file, HCRA 25/2013, does not exist in its records. Furthermore, the High Court at Siaya was only established in 2015, making it impossible for such a file to have existed in 2013. As a result, the application was found to be devoid of merit and unsupported, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application by the applicant is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Mwavaka v Republic (Miscellaneous Criminal Application E097 of 2022) [2022] KEHC 15564 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15564 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E097 of 2022
RE Aburili, J
November 18, 2022
Between
Aggrey Lihanda Mwavaka
Applicant
and
Republic
Respondent
(Being an Application arising from the Principal Magistrate’s court at Bondo in Criminal Case No. 350/2012)
Ruling
1. The High Court has searched for the file in question HCRA 25/2013 but the same is not available in our records as there was no High Court at Siaya in 2013. The High Court was established in 2015.
2. For the above reason, the application by the applicant is misplaced as this court cannot resentence or review sentence on a file which does not exist.
3. This application by the applicant Henry Luhanda Mwavaka is found to be devoid of any merit and is unsupported.
4. It is hereby dismissed. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE