[2023] KEHC 2990 (KLR)
The court declined the application because the applicant failed to provide necessary documentation, including proceedings from the lower court and evidence regarding his health and age. The court emphasized that without such evidence, it could not properly consider the period spent in custody or the applicant's...
Source-derived case information.
- Citation
- [2023] KEHC 2990 (KLR)
- Parties
- Applicant: Walter Awino Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E079 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Prison Decongestion, False Pretence, Conspiracy to Defraud, Impersonation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Walter Awino Omollo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the period spent in custody by the applicant should be taken into account in the sentence imposed.
- 2 Whether the applicant has provided sufficient evidence to warrant a review of his sentence.
Ratio Decidendi
The court declined the application because the applicant failed to provide necessary documentation, including proceedings from the lower court and evidence regarding his health and age. The court emphasized that without such evidence, it could not properly consider the period spent in custody or the applicant's circumstances. The court further directed that the applicant may reapply after serving at least seven years of his ten-year sentence and upon filing the required lower court proceedings. The decision was made in line with the prison decongestion programme, but the current application was found to be premature and unsupported by adequate evidence.
Court Disposition
application dismissed
Orders
- The application is declined and dismissed.
- The applicant may reapply upon serving at least seven years and filing lower court proceedings.
Full Case Text
Judgment text and source record
23 paragraphs
Omollo v Republic (Miscellaneous Criminal Application E079 of 2022) [2023] KEHC 2990 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2990 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E079 of 2022
RE Aburili, J
March 27, 2023
Between
Walter Awino Omollo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Walter Awino Omollo was convicted and sentenced to serve ten (10) years imprisonment for the offence of obtaining by false pretence contrary to section 303 of the Penal Code, conspiring to defraud, impersonation and making a false document, vide Kisumu Chief Magistrate Criminal Case No 389 of 2017.
2. He prays that the court takes into account the period spent in custody in the sentence imposed.
3. He has filed a letter of recommendation dated July 5, 2022 showing that he has reformed and trained as a carpenter and is well behaved. He has also annexed certificates in biblical studies and carpentry and Joinery Grade III trade test obtained in December 2019.
4. He submits that he is of old age, sickly and he lost his wife and child and has been in prison since 2017. That he was a first offender.
5. However, no proceedings were filed to show whether he was on bond or not as the remainder of the prison term is more than three (3) years. The lower court file availed is Criminal No 387 of 2017 for Meshack Aguda Opiyo and not the applicant’s. he does not state his age and neither as he filed any medical documents to show that he is of poor health.
6. The applicant to reapply upon serving at least seven (7) years of the ten (10) years imprisonment and file into court proceedings from the lower court. The court shall consider his application in line with prison decongestion programme.
7. The application is declined and dismissed.
8. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF MARCH, 2023R E ABURILIJUDGE