[2024] KEHC 11563 (KLR)
The court found that the applicant's request for concurrent sentences was redundant because the sentencing court had already ordered the sentences to run concurrently. Entertaining the application would amount to an abuse of the court process. Accordingly, the application was dismissed and the file closed.
Source-derived case information.
- Citation
- [2024] KEHC 11563 (KLR)
- Parties
- Applicant: Brian Oduor Ouru alias Boy; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E164 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Concurrent Sentences
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Concurrent Sentences, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Oduor Ouru alias Boy
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Concurrent Sentences
Legal Issues
- 1 Whether the applicant is entitled to an order for sentences to run concurrently when such an order has already been made.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant's request for concurrent sentences was redundant because the sentencing court had already ordered the sentences to run concurrently. Entertaining the application would amount to an abuse of the court process. Accordingly, the application was dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application dated 19th July 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ouru alias Boy v Republic (Miscellaneous Criminal Application E164 of 2024) [2024] KEHC 11563 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11563 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E164 of 2024
RE Aburili, J
September 26, 2024
Between
Brian Oduor Ouru alias Boy
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Case No. E096 of 2023))
Ruling
1. The Convict is Brian Oduor Ouru alias Aboy. He was sentenced to serve 12, 3 and 3 years in prison on each of the respective counts of arson, injuring an animal and malicious damage to property vide Tamu SPM Criminal Case No. E096 of 2023, on 20th March 2024.
2. The sentences as per the warrant to commitment to prison annexed, were to run concurrently.
3. He applies vide his application dated 19th July 2024 that the sentences imposed to run concurrently.
4. I find the application to be an abuse of court process as the sentences were ordered to run concurrently.
5. The application dated 19th July 2024 is dismissed and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE