[2022] KEHC 3303 (KLR)
The court declined to entertain the application for revision of sentence because the source of the application was unknown, it could not be authenticated, and the applicant could not be traced. The absence of a forwarding letter from the Officer Incharge, Siaya G.K. Prisons, further undermined the authenticity of...
Source-derived case information.
- Citation
- [2022] KEHC 3303 (KLR)
- Parties
- Applicant: Maurice Owiti Oyoo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E004 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Authentication of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Owiti Oyoo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the application for revision of sentence is properly before the court.
- 2 Whether the source and authenticity of the application can be established.
Ratio Decidendi
The court declined to entertain the application for revision of sentence because the source of the application was unknown, it could not be authenticated, and the applicant could not be traced. The absence of a forwarding letter from the Officer Incharge, Siaya G.K. Prisons, further undermined the authenticity of the application. As a result, the request was struck out and the file closed.
Court Disposition
application struck out
Orders
- The request for revision is declined and struck out.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Oyoo v Republic (Criminal Revision E004 of 2022) [2022] KEHC 3303 (KLR) (27 June 2022) (Ruling)
Neutral citation: [2022] KEHC 3303 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E004 of 2022
RE Aburili, J
June 27, 2022
Between
Maurice Owiti Oyoo
Applicant
and
Republic
Respondent
(Being an Application seeking revision of sentence arising from conviction and sentence in Bondo Magistrates’ Court in Criminal Case No. E162 of 2022)
Ruling
1. The Applicant claims that he is serving two years imprisonment at Siaya G.K. Prison but the request for revision of sentence has no forward from Officer Incharge, Siaya G.K. Prisons.
2. The source of application is unknown. It cannot be authenticated and the applicant cannot be traced. The request is declined and struck out.
3. The file is closed.
4. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF JUNE, 2022R.E. ABURILIJUDGE