[2022] KEHC 16723 (KLR)
The court held that in the absence of the original trial court file and the warrant of committal, it was not possible to determine whether the period spent in custody prior to sentencing was considered. The applicant failed to provide the necessary particulars and documentation to support his application for...
Source-derived case information.
- Citation
- [2022] KEHC 16723 (KLR)
- Parties
- Applicant: Moses Okinyo Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E088 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Custodial Sentence, Warrant of Committal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Okinyo Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the High Court can revise the sentence in the absence of the original trial court file and warrant of committal.
- 2 Whether the period spent in custody prior to sentencing was considered by the trial court.
Ratio Decidendi
The court held that in the absence of the original trial court file and the warrant of committal, it was not possible to determine whether the period spent in custody prior to sentencing was considered. The applicant failed to provide the necessary particulars and documentation to support his application for sentence revision. Consequently, the court was unable to consider the merits of the application and struck it out.
Court Disposition
application struck out
Orders
- The application is struck out for want of proper particulars and documentation.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Onyango v Republic (Miscellaneous Criminal Application E088 of 2022) [2022] KEHC 16723 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16723 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E088 of 2022
RE Aburili, J
December 19, 2022
Between
Moses Okinyo Onyango
Applicant
and
Republic
Respondent
(Being an Application for sentence revision from Bondo PM Criminal Case No. 38 of 2017)
Ruling
1. Bondo law courts have not traced and submitted their original Cr Case No 38/2017.
2. The applicant should have filed the application with a copy of Warrant of committal for this court to consider whether the court took into account the period spend in custody prior for sentencing.
3. In the absence of proper particulars, this court is unable to consider the merits of the application which is hereby struck out.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE