[2024] KEHC 4996 (KLR)
The court dismissed the application because the applicant failed to annex any proceedings or warrant of commitment to imprisonment from the trial court. Without these supporting documents, the application was not supported and could not be considered on its merits. The court indicated that a fresh application could...
Source-derived case information.
- Citation
- [2024] KEHC 4996 (KLR)
- Parties
- Applicant: Alphonce Ochieng Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E066 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Concurrent Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Concurrent Sentences, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alphonce Ochieng Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Concurrent Sentence
Legal Issues
- 1 Whether the applicant's sentences for burglary and stealing should be ordered to run concurrently.
Ratio Decidendi
The court dismissed the application because the applicant failed to annex any proceedings or warrant of commitment to imprisonment from the trial court. Without these supporting documents, the application was not supported and could not be considered on its merits. The court indicated that a fresh application could be filed if accompanied by the necessary documentation.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant may file a fresh application supported by relevant documents.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E066 of 2024) [2024] KEHC 4996 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4996 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E066 of 2024
RE Aburili, J
May 9, 2024
Between
Alphonce Ochieng Otieno
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Criminal Case No. E121 of 2023 at Kisumu))
Ruling
1. The Applicant Alphonce Ochieng Otieno vide his application dated 6th May 2024 seeks that his sentence be ordered to run concurrently, for the offence of burglary and stealing, where he was sentenced to serve four (4) years imprisonment on each limb, under Section 304(b) and 278 of the Penal Code respectively.
2. Regrettably, the Applicant/Convict did not annex any proceedings or warrant of commitment to imprisonment in Kisumu SPM Criminal Case No. E121 of 2023.
3. I find the application not supported. It is dismissed.
4. The Applicant can file a fresh application which is supported by relevant documents for reconsideration.
5. Signal to issue. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE