[2022] KEHC 14583 (KLR)
The court found that it was not appropriate to keep the file open indefinitely when the applicant could not be traced despite efforts by the prosecution and the court. As a result, the application for resentencing was dismissed for want of prosecution and the file closed.
Source-derived case information.
- Citation
- [2022] KEHC 14583 (KLR)
- Parties
- Applicant: Benard Oluoch Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E063 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed for want of prosecution; file closed
- Judges
- RE Aburili
- Legal Topics
- Resentencing Application, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Oluoch Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the application for resentencing should be entertained when the applicant cannot be traced.
Ratio Decidendi
The court found that it was not appropriate to keep the file open indefinitely when the applicant could not be traced despite efforts by the prosecution and the court. As a result, the application for resentencing was dismissed for want of prosecution and the file closed.
Court Disposition
application dismissed for want of prosecution; file closed
Orders
- The application for resentencing filed on 1/7/2021 is dismissed for want of prosecution as the applicant cannot be traced.
- File is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E063 of 2021) [2022] KEHC 14583 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14583 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E063 of 2021
RE Aburili, J
October 27, 2022
Between
Benard Oluoch Otieno
Applicant
and
Republic
Respondent
Ruling
(Application for Resentencing) 1. The Applicant herein Benard Oluoch Otieno filed this application on 1/7/2021. The efforts by the court to trace him in the prison where the application originated from have not borne fruit, as per the submission by Ms. Odumba Senior Principal Prosecution Counsel on 22/6/2022.
2. For the above reasons, it is not appropriate to keep this file open infinitum.
3. The application for resentencing filed on 1/7/2021is hereby dismissed for want of prosecution as the applicant cannot be traced
4. File is closed
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE