[2023] KEHC 26810 (KLR)
The court found that the application for reduction of sentence was not supported by any evidence or documentation, as the applicant failed to annex copies of the proceedings and judgment. The absence of these materials meant the court could not properly assess the merits of the application. Consequently, the...
Source-derived case information.
- Citation
- [2023] KEHC 26810 (KLR)
- Parties
- Applicant: Felix Okoth Okeyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E026 of 2023
- Procedural Posture
- Criminal Petition / Ruling on Application for Reduction of Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Attempted Defilement, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Okoth Okeyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Application for Reduction of Sentence
Legal Issues
- 1 Whether the applicant has provided sufficient grounds for reduction of sentence for the offence of attempted defilement.
Ratio Decidendi
The court found that the application for reduction of sentence was not supported by any evidence or documentation, as the applicant failed to annex copies of the proceedings and judgment. The absence of these materials meant the court could not properly assess the merits of the application. Consequently, the application was dismissed for lack of support.
Court Disposition
application dismissed
Orders
- The application dated November 15, 2023 is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Okeyo v Republic (Criminal Petition E026 of 2023) [2023] KEHC 26810 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26810 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E026 of 2023
RE Aburili, J
December 18, 2023
Between
Felix Okoth Okeyo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate Criminal Sexual Offences Case No. E080 of 2021 at Winam)
Ruling
1. The applicant in his application dated 15th November 2023 claims that he was convicted and sentenced to serve ten (10) years imprisonment for the offence of attempted defilement vide Winam SPM Sexual Offences Case No. E080 of 2021 on September 12, 2022, although he also gives September 12, 2023 as date of conviction.
2. There is no indication on whether he appealed. Nonetheless, no copy of proceedings and judgment are annexed.
3. I find the application for reduction of sentence not supported. The application dated November 15, 2023 is hereby dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE