[2022] KEHC 14581 (KLR)
The application was dismissed because the applicant failed to file the required lower court proceedings as directed by the court, making it impossible to assess whether he was entitled to have the period spent in custody considered in his sentence. The court found that the applicant was not interested in prosecuting...
Source-derived case information.
- Citation
- [2022] KEHC 14581 (KLR)
- Parties
- Applicant: Pius Oduor Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E097 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review
- Outcome
- application dismissed for non-compliance and want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Custodial Sentence, Manslaughter, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Oduor Owino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody during trial considered in the computation of his sentence.
- 2 Whether the application should be dismissed for failure to comply with court orders and for want of prosecution.
Ratio Decidendi
The application was dismissed because the applicant failed to file the required lower court proceedings as directed by the court, making it impossible to assess whether he was entitled to have the period spent in custody considered in his sentence. The court found that the applicant was not interested in prosecuting the matter, and it would not keep the file open indefinitely in the absence of compliance with its orders.
Court Disposition
application dismissed for non-compliance and want of prosecution
Orders
- The application filed on November 10, 2021 is dismissed for non-compliance with court orders and for want of substance.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Owino v Republic (Miscellaneous Criminal Application E097 of 2021) [2022] KEHC 14581 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14581 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E097 of 2021
RE Aburili, J
October 27, 2022
Between
Pius Oduor Owino
Applicant
and
Republic
Respondent
(Application for sentence review in Maseno SRM Cr. Case No. 1442/2014 and in Kisumu Criminal Appeal No. 82 of 2015)
Ruling
1. The Applicant Pius Oduor Owino filed this application on November 10, 2021 seeking for consideration of 2 years and 4 months spent in custody during trial in Maseno SRM Cr. Case No. 1442/2014 where he was sentenced to serve ten (10) years imprisonment for Manslaughter.
2. This matter was before Hon. F.A. Ochieng J on several occasions where he directed the applicant to file copies of proceedings from the lower court as it is also clear from his applications that he appealed via Kisumu HCRA No. 82/2015.
3. To date, no such proceedings have been filed for this court to consider the merits of the application and whether he was on bond during the trial in the lower court. This court cannot keep this file open open-endedly. I find the applicant is not interested in prosecuting this matter. The application filed in court on November 10, 2021 is hereby dismissed for non-compliance with court orders and for want of substance.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE