Odanga v Republic [2023] KEHC 3420 (KLR)

Odanga v Republic (Criminal Revision 42 of 2019) [2023] KEHC 3420 (KLR) (14 April 2023) (Ruling)

Neutral citation: [2023] KEHC 3420 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision 42 of 2019

RE Aburili, J

April 14, 2023

Between

Joseph Omondi Odanga

Applicant

and

Republic

Respondent

Ruling

1. The applicant Joseph Omondi Odanga was placed on CSO but he absconded and a warrant of arrest was issued in 2020. Todate, he has never been arrested.

2. The offence with which he was convicted was driving under the influence of alcohol without a driving licence and without a driver’s uniform and badge. He was fined Kshs. 10,000/= in default to serve three (3) months imprisonment and sentences were to run consecutively.

3. The police have made efforts to trace him upto Nyadorera in Siaya County in vain. This is contained in the affidavit sworn by PC Timothy Kipruto Kirui on June 7, 2022.

4. This file cannot remain open in view of the efforts made by the police to trace the convict in vain. I order that the warrant of arrest remains in force for the arrest of Joseph Omondi Odanga but this file is hereby closed.

5. The Warrant to be issued and supplied to County Commander, Kisumu to circulate to all police stations by way of a signal, as the Convict is a danger to members of the public. He takes alcohol and drives public service vehicles while drunk and without a valid driving licence.

6. File closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF APRIL, 2023R. E. ABURILIJUDGE