[2023] KEHC 27489 (KLR)
The court found that, upon perusal of the applicant's notice of motion and supporting affidavit, there was no legal or factual basis to warrant a review of the conviction and sentence. The application was therefore disallowed.
Source-derived case information.
- Citation
- [2023] KEHC 27489 (KLR)
- Parties
- Applicant: Moses Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E040 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application disallowed
- Judges
- MS Shariff
- Legal Topics
- Review of Conviction, Review of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Otieno Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether there is a basis for review of the applicant's conviction and sentence.
Ratio Decidendi
The court found that, upon perusal of the applicant's notice of motion and supporting affidavit, there was no legal or factual basis to warrant a review of the conviction and sentence. The application was therefore disallowed.
Court Disposition
application disallowed
Orders
- The application for review of conviction and sentence is disallowed.
Full Case Text
Judgment text and source record
16 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E040 of 2023) [2023] KEHC 27489 (KLR) (18 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27489 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E040 of 2023
MS Shariff, J
October 18, 2023
Between
Moses Otieno Odhiambo
Applicant
and
Republic
Respondent
Ruling
1. I have perused the Applicant’s notice of motion dated 31st July, 2023 and the affidavit in support thereof and I find no basis for review of his conviction and sentence wherefore this application is disallowed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 18TH DAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE