[2024] KEHC 10171 (KLR)
The court found that the application lacked essential material particulars, specifically the date of conviction and sentence, making it impossible to verify the authenticity of the case or determine the length of delay. Without these particulars, the court could not consider the application on its merits and...
Source-derived case information.
- Citation
- [2024] KEHC 10171 (KLR)
- Parties
- Applicant: Charles Obote; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E097 of 2024
- Procedural Posture
- Criminal Application / Ruling
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Attempted Murder, Criminal Procedure, Conviction and Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Obote
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling
Legal Issues
- 1 Whether the application contains sufficient material particulars to warrant consideration on merit.
- 2 Whether the court can verify the conviction and sentence based on the information provided.
Ratio Decidendi
The court found that the application lacked essential material particulars, specifically the date of conviction and sentence, making it impossible to verify the authenticity of the case or determine the length of delay. Without these particulars, the court could not consider the application on its merits and therefore struck it out. The applicant was advised to file a proper application with full particulars if he wished to pursue the matter further.
Court Disposition
application struck out
Orders
- The application is struck out for want of material particulars.
- The applicant may file a proper application with full particulars to warrant consideration on merit.
Full Case Text
Judgment text and source record
21 paragraphs
Obote v Republic (Criminal Application E097 of 2024) [2024] KEHC 10171 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10171 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E097 of 2024
RE Aburili, J
August 15, 2024
Between
Charles Obote
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando SPM Cr Case No. E101 of 2024)
Ruling
1. The applicant is a convict of the offence of attempted murder under section 220 of the Penal Code. He states that he was sentenced to serve three years and six months in prison.
2. He does not provide the date of conviction and or sentence and therefore this court cannot verify whether the case cited is correct or fictitious. This court is unable to tell the length of delay.
3. The application is struck out for want of material particulars. The applicant may file a proper application with full particulars to warrant consideration on merit.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF AUGUST, 2024R.E. ABURILIJUDGE