[2023] KEHC 18984 (KLR)
The court found that the petitioner had previously appealed his conviction and sentence, contrary to his assertion in the current petition. The petitioner failed to annex copies of the lower court proceedings and judgment, which are essential for the court to assess the merits of the petition. The court concluded...
Source-derived case information.
- Citation
- [2023] KEHC 18984 (KLR)
- Parties
- Applicant: Raphael Juma Omwono; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E009 of 2023
- Procedural Posture
- Criminal Petition / Judgment
- Outcome
- petition dismissed
- Judges
- RE Aburili
- Legal Topics
- Conviction Appeal, Sentence Review, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Juma Omwono
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Judgment
Legal Issues
- 1 Whether the petitioner had previously appealed his conviction and sentence as claimed.
- 2 Whether the petitioner's failure to provide court proceedings and judgment undermined his petition.
- 3 Whether the petition disclosed any substantive grounds for review or relief.
Ratio Decidendi
The court found that the petitioner had previously appealed his conviction and sentence, contrary to his assertion in the current petition. The petitioner failed to annex copies of the lower court proceedings and judgment, which are essential for the court to assess the merits of the petition. The court concluded that the petitioner was deliberately withholding information and attempting to mislead the court. As a result, the petition was found to be devoid of substance and was dismissed.
Court Disposition
petition dismissed
Orders
- The petition is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Omwono v Republic (Criminal Petition E009 of 2023) [2023] KEHC 18984 (KLR) (19 June 2023) (Judgment)
Neutral citation: [2023] KEHC 18984 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Petition E009 of 2023
RE Aburili, J
June 19, 2023
Between
Raphael Juma Omwono
Petitioner
and
Republic
Respondent
Judgment
1. The Petitioner is Raphael Juma Omwo No He asserts and deposes that he was convicted and sentenced to serve twenty (20) years imprisonment vide Winam Senior Principal Magistrate’s Criminal Case No 1124 of 2014. He then claims that he did not appeal to the High Court since his conviction due to the lack of points of law.
2. However, annexed to his petition is a document titled “written submissions” and therein in the citation is Kisumu HCCRA No E006 of 2022 wherein he even set out Grounds of Appeal and argued out on each ground including challenging the sentence imposed on him.
3. Regrettably the Petitioner has not even annexed copies of proceedings and judgment in the lower court yet the High Court supplies to all self-represented Convicts/Appellants complete records of appeal free of charge.
4. I find the Petitioner herein to be mischievous and deliberately failed to avail court proceedings so that the court cannot tell the outcome of his appeal and secondly, whether he was released on bond pending trial or not.
5. For the above reasons and contradiction, I find this Petition devoid of any substance. It is hereby dismissed.
6. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE