[2022] KEHC 16724 (KLR)
The court found that the applicant's petition was fundamentally flawed because there was no record of his conviction or sentence in the referenced case files. The applicant did not feature in the court records for HCRA No 3 of 2016, which related to different accused persons and a different offence (robbery with...
Source-derived case information.
- Citation
- [2022] KEHC 16724 (KLR)
- Parties
- Applicant: Joseph Ongang’ Nyatodi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E018 of 2022
- Procedural Posture
- Criminal Petition / Ruling
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentence Review, Sexual Offences Act, Life Imprisonment, Conviction Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Ongang’ Nyatodi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling
Legal Issues
- 1 Whether the applicant's sentence of life imprisonment for defilement is unconstitutional.
- 2 Whether the applicant's petition is properly before the court based on the records.
Ratio Decidendi
The court found that the applicant's petition was fundamentally flawed because there was no record of his conviction or sentence in the referenced case files. The applicant did not feature in the court records for HCRA No 3 of 2016, which related to different accused persons and a different offence (robbery with violence). As such, the petition was deemed misplaced and lacking in proper and relevant particulars. The absence of any connection between the applicant and the cited case file rendered the petition unsustainable, leading to its dismissal for want of proper and relevant particulars.
Court Disposition
petition dismissed
Orders
- The petition is dismissed for want of proper and relevant particulars.
- Petitioner to be notified forthwith.
Full Case Text
Judgment text and source record
24 paragraphs
Nyatodi v Republic (Criminal Petition E018 of 2022) [2022] KEHC 16724 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16724 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Petition E018 of 2022
RE Aburili, J
December 19, 2022
Between
Joseph Ongang’ Nyatodi
Applicant
and
Republic
Respondent
Ruling
1. The applicant/petitioner is Joseph Ongang’ Nyatodi. He claims that he was convicted vide HCRA No 3 of 2016 at Siaya from original Siaya PM Cr Case No 176 of 2014 and sentenced to life imprisonment for the offence of defilement contrary to section 8(1) as read with section 8(2) of the Sexual Offences Act No 3 of 2006.
2. He wants review of life imprisonment because according to him, it is unconstitutional. He does not state when he was convicted by the lower court and the High Court.
3. I have perused the court records availed to me. HCCRA 3 of 2016 is an appeal by Isaiah Otieno Juma and Caleb Odhiambo Okoth and it was consolidated with HCRA No 2 of 2016. The offence therein was robbery with violence.
4. The accused were sentenced to death vide Siaya PM Cr Case No 921 of 2014. Their appeal to this court was heard and determined on February 23, 2017 by Makau J.
5. There is no relationship between the present petitioner’s case and HCRA No 3 of 2016.
6. For the above reasons this petition is found to be misplaced as the applicant does not even feature in our court records.
7. It is hereby dismissed for want of proper and relevant particulars.
8. Petitioner to be notified forthwith
9. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19THDAY OF DECEMBER, 2022R E ABURILIJUDGE