[2023] KEHC 2470 (KLR)
The court found that the extracted order erroneously stated the end date of the applicant's community service sentence as July 13, 2024, instead of the correct date, June 3, 2023, as ordered on December 21, 2022. The court held that it has the authority to correct such errors to ensure the sentence is executed as...
Source-derived case information.
- Citation
- [2023] KEHC 2470 (KLR)
- Parties
- Applicant: Erick Otieno Owino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E129 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Community Service Order, Correction of Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Otieno Owino
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the extracted order correctly reflected the sentence review period imposed on the applicant.
- 2 Whether the order required correction to align with the court's original intention.
Ratio Decidendi
The court found that the extracted order erroneously stated the end date of the applicant's community service sentence as July 13, 2024, instead of the correct date, June 3, 2023, as ordered on December 21, 2022. The court held that it has the authority to correct such errors to ensure the sentence is executed as intended. Accordingly, the court ordered that the order be extracted and served in line with the original orders, and closed the file.
Court Disposition
application allowed
Orders
- The extracted order is to be corrected to reflect the sentence review period ending June 3, 2023, as originally ordered.
- The corrected order shall be served in accordance with the orders of Hon J Kamau J made on December 21, 2022.
Full Case Text
Judgment text and source record
21 paragraphs
Owino v Republic (Criminal Revision E129 of 2022) [2023] KEHC 2470 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2470 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E129 of 2022
RE Aburili, J
March 23, 2023
Between
Erick Otieno Owino
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Criminal Case No E273 of 2022 in the Senior Principal Magistrate’s Court at Nyando delivered on June 20, 2022)
Ruling
1. On December 21, 2022, the convict applicant herein Erick Otieno Owino was placed on community service at Nyando for six (6) months until June 3, 2023 in sentence review.
2. The order extracted reads July 13, 2024 which is erroneous.
3. I hereby order that the order be extracted and be served in line with orders of Hon J Kamau J made on December 21, 2022.
4. This file is now closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 23RD DAY OF MARCH, 2023R E ABURILIJUDGE