[2011] KEHC 2348 (KLR)

[2011] KEHC 2348 (KLR)

The court found that the respondent, a Kenyan national, escaped from lawful custody while facing a serious criminal charge of robbery with violence and was subsequently arrested in Uganda. The court was satisfied that there were valid grounds for the application by the Kenya Police to have the respondent transferred...

Source-derived case information.

Citation
[2011] KEHC 2348 (KLR)
Parties
Applicant: Republic; Respondent: Willies Okere Omollo alias Allan Philip Odhiambo
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
12 July 2011
Case Number
Criminal Miscellaneous Application 36 of 2011
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Transfer and Handing Over of Respondent
Outcome
application allowed
Judges
DA Onyancha
Legal Topics
Extradition, Fugitive Offenders, Robbery With Violence, Escape From Lawful Custody
Source Language
english
Criminal Law Extradition Fugitive Offenders Robbery With Violence Escape From Lawful Custody

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Willies Okere Omollo alias Allan Philip Odhiambo

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Transfer and Handing Over of Respondent

Legal Issues

  1. 1 Whether the respondent, having escaped from lawful custody in Kenya and been arrested in Uganda, should be handed over to the Kenya Police for continuation of his criminal trial and to face further charges arising from his escape.

Ratio Decidendi

The court found that the respondent, a Kenyan national, escaped from lawful custody while facing a serious criminal charge of robbery with violence and was subsequently arrested in Uganda. The court was satisfied that there were valid grounds for the application by the Kenya Police to have the respondent transferred and handed over for the continuation of his criminal trial and to face further charges related to his escape. The court therefore allowed the application as prayed, ordering the transfer and handing over of the respondent to the Kenya Police.

Court Disposition

application allowed

Orders

  • The application is allowed as prayed.
  • The Uganda Police are to hand over Willies Okere Omollo alias Allan Philip Odhiambo to the Kenya Busia Police for continuation of his criminal trial and to face further charges arising from his escape.