[2024] KEHC 11585 (KLR)
The court dismissed the application on the basis that it was unsupported by any documentary evidence, such as the charge sheet, proceedings, judgment, or warrant of commitment to prison. Without these documents, the court could not consider or grant the orders sought for the sentences to run concurrently. The...
Source-derived case information.
- Citation
- [2024] KEHC 11585 (KLR)
- Parties
- Applicant: Cornel Patrick Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E152 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Concurrent Sentences, Robbery With Violence, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cornel Patrick Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to an order that the sentences imposed in Kisumu CM Criminal Case No. E121 of 2023 should run concurrently.
Ratio Decidendi
The court dismissed the application on the basis that it was unsupported by any documentary evidence, such as the charge sheet, proceedings, judgment, or warrant of commitment to prison. Without these documents, the court could not consider or grant the orders sought for the sentences to run concurrently. The absence of supporting material rendered the application fatally defective and incapable of being granted.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of supporting documents.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E152 of 2024) [2024] KEHC 11585 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11585 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E152 of 2024
RE Aburili, J
September 26, 2024
Between
Cornel Patrick Omondi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. E121 of 2023)
Ruling
1. The Convict Cornel Patrick Omondi seeks for orders that sentences in Kisumu CM Criminal Case No. E121 of 2023 wherein he was convicted and sentenced to serve 4, 4 and 2 years respectively for offences of robbery with violence contrary to Section 296(1), Burglary and Stealing and that the sentences should run concurrently.
2. There is no charge sheet, proceedings and judgment or warrant of commitment to prison annexed.
3. The application is found to be unsupported and is dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE