[2023] KEHC 24409 (KLR)
The court held that the application was vague as it failed to specify whether the applicant was seeking leave to appeal out of time or a review of sentence. In the absence of clarity on the relief sought, the court could not consider the application on its merits. Consequently, the application was struck out, but...
Source-derived case information.
- Citation
- [2023] KEHC 24409 (KLR)
- Parties
- Applicant: Victor Otieno Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E052 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application struck out for vagueness
- Judges
- RE Aburili
- Legal Topics
- Criminal Appeals, Sentence Review, Leave to Appeal, Procedural Vagueness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Otieno Ogolla
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the application discloses with clarity the orders sought by the applicant.
- 2 Whether the court can consider the application on its merits in the absence of clarity regarding the relief sought.
Ratio Decidendi
The court held that the application was vague as it failed to specify whether the applicant was seeking leave to appeal out of time or a review of sentence. In the absence of clarity on the relief sought, the court could not consider the application on its merits. Consequently, the application was struck out, but the applicant was granted liberty to file a fresh, clearer application specifying the orders sought.
Court Disposition
application struck out for vagueness
Orders
- The application dated July 12, 2023 is struck out for vagueness.
- The convict is at liberty to file a fresh clearer application stating what specific orders he is seeking from this court.
Full Case Text
Judgment text and source record
20 paragraphs
Ogolla v Republic (Miscellaneous Criminal Application E052 of 2023) [2023] KEHC 24409 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24409 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E052 of 2023
RE Aburili, J
October 26, 2023
Between
Victor Otieno Ogolla
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Sexual Offences Case No E003 of 2023 at Winam)
Ruling
1. The Applicant does not disclose in clear terms whether he is seeking leave to appeal out of time or for Sentence Review.
2. The application dated July 12, 2023 cannot be considered on its merits in the absence of clarity on what the applicant/convict Victor Otieno Ogolla is seeking.
3. The application is struck out for vagueness. The Convict is at liberty to file a fresh clearer application stating what specific orders he is seeking from this court.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE