[2022] KEHC 14438 (KLR)
The court dismissed the application because the applicant failed to provide the trial court proceedings as directed, which were necessary for the court to consider the merits of his application under Section 333(2) of the Criminal Procedure Code. The court found no reason to keep the matter pending indefinitely in...
Source-derived case information.
- Citation
- [2022] KEHC 14438 (KLR)
- Parties
- Applicant: Aggrey Onyango Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E034 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Judgment
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Computation, Section 333 2 Criminal Procedure Code, Sexual Offences Act, Indecent Act With Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aggrey Onyango Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Judgment
Legal Issues
- 1 Whether the application could be considered in the absence of trial court proceedings.
- 2 Whether the applicant was entitled to relief under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court dismissed the application because the applicant failed to provide the trial court proceedings as directed, which were necessary for the court to consider the merits of his application under Section 333(2) of the Criminal Procedure Code. The court found no reason to keep the matter pending indefinitely in the absence of essential material, noting that the applicant had filed similar applications previously. The lack of substantive documentation rendered the application unsustainable, and the court exercised its discretion to dismiss the matter to avoid unnecessary backlog and judicial inefficiency.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of material and substance.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Owuor v Republic (Miscellaneous Criminal Application E034 of 2021) [2022] KEHC 14438 (KLR) (27 October 2022) (Judgment)
Neutral citation: [2022] KEHC 14438 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E034 of 2021
RE Aburili, J
October 27, 2022
Between
Aggrey Onyango Owuor
Applicant
and
Republic
Respondent
Judgment
1. The matter was filed in court on 22/3/2021 and when it came up before F.A. Ochieng, J (as he then was), he ordered for proceedings of the trial court where the applicant claims he was tried, convicted and sentenced pursuant to Section 11(1) of the Sexual Offences Act for the offence of committing an indecent act with a child and sentenced to serve 10 years imprisonment.
2. The learned Judge directed the applicant to file proceedings from that trial court because the applicant had invoked Section 333 (2) of the Criminal Procedure Code.
3. This file shows that it has been the same story on each day that the matter has come up before F.A. Ochieng J with nothing forthcoming. This court cannot keep proceedings active forever and beg the applicant to supply the court with proceedings of the trial court for it to consider his application.
4. In the absence of the trial court proceedings, I find no reason to sustain this file as it appears the applicant has filed other applications similar to this and for this court to keep this file alive infinitum is to merely add backlog.
5. The application is therefore dismissed for want of material and substance.
6. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE