Misango v Republic [2023] KEHC 24325 (KLR)

Misango v Republic (Miscellaneous Criminal Application E047 of 2023) [2023] KEHC 24325 (KLR) (26 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24325 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E047 of 2023

RE Aburili, J

October 26, 2023

Between

Bob Ogolla Misango

Applicant

and

Republic

Respondent

(Arising from Bondo Principal Magistrate Criminal Case No. 533 of 2003. )

Ruling

1. I have considered the application dated September 7, 2023 by Bob Ogolla Misango who was convicted and sentenced vide Bondo Principal Magistrate Criminal Case No. 533 of 2003.

2. As the court that convicted him is in a different jurisdiction from Kisumu High Court’s supervisory Jurisdiction, this application cannot be considered by Kisumu High Court.

3. The Convict is at liberty to apply before Siaya High Court to consider his application which is not clear, noting that a court of law cannot combine two sentences imposed by two different courts to run concurrently.

4. The application dated July 12, 2023 is dismissed.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE