Josephat Ouma Obonyo v Republic [2021] KEHC 5515 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. E085 OF 2021

CORAM: R.E. ABURILI, J

JOSEPHAT OUMA OBONYO..........APPLICANT

VERSUS

REPUBLIC.......................................RESPONDENT

(Being an Application seeking sentence review in Ukwala Principal Magistrates’ Court Criminal Case No. 682 of 2016)

RULING

1. The Petition/Application as filed by Josephat Ouma Obonyo is not supported by any affidavit as the ‘affidavit’ is not sworn before any Commissioner for Oaths or a Magistrate.

2.  The petition is struck out.

3.  The Petitioner/Applicant is at liberty to file a fresh application supported by a sworn affidavit.

4.  File closed.

5.  Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2021

R.E. ABURILI

JUDGE