[2023] KEHC 26817 (KLR)
The court dismissed the application for sentence review on the basis that the applicant failed to provide the necessary proceedings and judgment from the trial court. Without these materials, the High Court could not consider the merits of the application or make any orders regarding sentence review. The applicant...
Source-derived case information.
- Citation
- [2023] KEHC 26817 (KLR)
- Parties
- Applicant: Stephen Omondi Ongwen; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E080 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Preparation to Commit Felony, Penal Code Section 308b
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Ongwen
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of his seven-year custodial sentence to a more lenient or non-custodial sentence.
- 2 Whether the time spent in custody prior to sentencing should be factored into the sentence.
Ratio Decidendi
The court dismissed the application for sentence review on the basis that the applicant failed to provide the necessary proceedings and judgment from the trial court. Without these materials, the High Court could not consider the merits of the application or make any orders regarding sentence review. The applicant bears the burden of placing sufficient material before the court to enable a proper determination. The absence of such material rendered the application unsupported and incompetent.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ongwen v Republic (Miscellaneous Criminal Application E080 of 2023) [2023] KEHC 26817 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26817 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E080 of 2023
RE Aburili, J
December 18, 2023
Between
Stephen Omondi Ongwen
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Chief Magistrate Court Criminal Case No. E805 of 2022 at Kisumu)
Ruling
1. In the application for Sentence Review dated November 8, 2023, the applicant Stephen Omondi Ongwen seeks that the court reviews his seven (7) years imprisonment downwards to a more lenient or non-custodial sentence and factor in the time spent in custody from the time of arrest.
2. The applicant claims that he was charged, tried and convicted of the offence of preparation to commit a felony contrary tosection 308(b) of the Penal Code vide Kisumu Chief Magistrate Criminal Case No. E805 of 2022.
3. However, no proceedings and judgment are annexed to the application for this court to consider the merits thereof.
4. It is the duty of the Applicants to place before this court material that is necessary to enable the court to make necessary orders.
5. I find the application not supported. It is dismissed.
6. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE