[2024] KEHC 6437 (KLR)
The court found that the purported application for revision was not properly before it, as it was based on an unsworn and uncommissioned statement rather than a sworn affidavit, and was not accompanied by a formal application. Furthermore, there was no evidence or proceedings provided to support the applicant's...
Source-derived case information.
- Citation
- [2024] KEHC 6437 (KLR)
- Parties
- Applicant: Joseph Agutu Obala; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E099 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Sexual Offences Act, Custodial Sentence, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Agutu Obala
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's period spent in custody was considered during sentencing as required by law.
- 2 Whether the application before the court is competent in form and substance.
Ratio Decidendi
The court found that the purported application for revision was not properly before it, as it was based on an unsworn and uncommissioned statement rather than a sworn affidavit, and was not accompanied by a formal application. Furthermore, there was no evidence or proceedings provided to support the applicant's claim that the period spent in custody was not considered during sentencing. As a result, the court held that the application was fatally incompetent and could not be entertained. The application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed for incompetence.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Obala v Republic (Criminal Revision E099 of 2024) [2024] KEHC 6437 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6437 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E099 of 2024
RE Aburili, J
June 3, 2024
Between
Joseph Agutu Obala
Applicant
and
Republic
Respondent
Ruling
1. In the document headed ‘sworn supporting affidavit’ which is not sworn or commissioned, the author is Joseph Agutu Obala. He claims that he is a convict who was sentenced to serve 75 years imprisonment vide Kisumu CM Sexual Offences Case No. 18 of 2016 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act.
2. That he appealed vide HCCRA No. 116 of 2018 at Kisumu, and sentence was reduced to 20 years imprisonment but that the court never considered the period spent in custody.
3. That he has not appealed to the Court of Appeal.
4. I have considered that statement as it is not an affidavit and there is no accompanying application.
5. In addition, there are no proceedings supporting the allegations that he was in custody and that the period was not considered.
6. I find the ‘application’ to be fatally incompetent. It is dismissed.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024. R. E. ABURILIJUDGE