[2023] KEHC 3420 (KLR)
The court determined that, given the persistent but unsuccessful efforts by the police to apprehend the applicant, Joseph Omondi Odanga, who absconded after being placed on community service order and fined for driving under the influence without a licence or uniform, it is not justifiable to keep the file open...
Source-derived case information.
- Citation
- [2023] KEHC 3420 (KLR)
- Parties
- Applicant: Joseph Omondi Odanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 42 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- File closed; warrant of arrest remains in force.
- Judges
- RE Aburili
- Legal Topics
- Driving Under Influence, Driving Without Licence, Failure to Comply With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Omondi Odanga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the file should remain open despite unsuccessful efforts to arrest the convict.
- 2 Whether the warrant of arrest should remain in force against the applicant.
Ratio Decidendi
The court determined that, given the persistent but unsuccessful efforts by the police to apprehend the applicant, Joseph Omondi Odanga, who absconded after being placed on community service order and fined for driving under the influence without a licence or uniform, it is not justifiable to keep the file open indefinitely. However, due to the applicant's continued risk to public safety—driving public service vehicles while intoxicated and unlicensed—the warrant of arrest must remain in force. The court thus ordered the closure of the file but directed that the warrant be circulated to all police stations to facilitate the applicant's eventual arrest.
Court Disposition
File closed; warrant of arrest remains in force.
Orders
- The warrant of arrest against Joseph Omondi Odanga shall remain in force.
- The file is hereby closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odanga v Republic (Criminal Revision 42 of 2019) [2023] KEHC 3420 (KLR) (14 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3420 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision 42 of 2019
RE Aburili, J
April 14, 2023
Between
Joseph Omondi Odanga
Applicant
and
Republic
Respondent
Ruling
1. The applicant Joseph Omondi Odanga was placed on CSO but he absconded and a warrant of arrest was issued in 2020. Todate, he has never been arrested.
2. The offence with which he was convicted was driving under the influence of alcohol without a driving licence and without a driver’s uniform and badge. He was fined Kshs. 10,000/= in default to serve three (3) months imprisonment and sentences were to run consecutively.
3. The police have made efforts to trace him upto Nyadorera in Siaya County in vain. This is contained in the affidavit sworn by PC Timothy Kipruto Kirui on June 7, 2022.
4. This file cannot remain open in view of the efforts made by the police to trace the convict in vain. I order that the warrant of arrest remains in force for the arrest of Joseph Omondi Odanga but this file is hereby closed.
5. The Warrant to be issued and supplied to County Commander, Kisumu to circulate to all police stations by way of a signal, as the Convict is a danger to members of the public. He takes alcohol and drives public service vehicles while drunk and without a valid driving licence.
6. File closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF APRIL, 2023R. E. ABURILIJUDGE