[2020] KEHC 4306 (KLR)
The court found that the application was incompetent because it failed to disclose material facts, specifically the date when the applicant was convicted and sentenced. Without this information, the court could not properly consider or determine the application for revision. The omission of such fundamental details...
Source-derived case information.
- Citation
- [2020] KEHC 4306 (KLR)
- Parties
- Applicant: Onyango Owino Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 41 of 2020
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- Application struck out for want of disclosure of material facts.
- Judges
- RE Aburili
- Legal Topics
- Revision of Sentence, Competency of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyango Owino Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the application for revision is competent in the absence of disclosure of the date of conviction and sentence.
Ratio Decidendi
The court found that the application was incompetent because it failed to disclose material facts, specifically the date when the applicant was convicted and sentenced. Without this information, the court could not properly consider or determine the application for revision. The omission of such fundamental details rendered the application fatally defective, warranting its striking out.
Court Disposition
Application struck out for want of disclosure of material facts.
Orders
- The application is struck out for want of disclosure of material facts being the date when the applicant was convicted.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 41 OF 2020
ONYANGO OWINO OWUOR.........................................APPLICANT
VERSUS
REPUBLIC.....................................................................RESPONDENT
(Being an Application for Revision of Sentence vide Ukwala SRM’s court Criminal Case No. 69/2019)
RULING
1. The pleadings filed before court do not disclose when the applicant was convicted and sentenced in the lower court.
2. The application by ONYANGO OWINO OWUOR the convict is incompetent.
3. It is hereby struck out for want of disclosure of material facts being the date when the applicant was convicted.
4. File closed.
5. Orders accordingly.
Dated, signed and Delivered at Siaya this 9th Day of July 2020.
R.E. ABURILI
JUDGE