Ogutu v Republic [2023] KEHC 27461 (KLR)

Ogutu v Republic (Miscellaneous Criminal Application E051 of 2023) [2023] KEHC 27461 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEHC 27461 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E051 of 2023

MS Shariff, J

October 18, 2023

Between

Amos Onyango Ogutu

Applicant

and

Republic

Respondent

Ruling

1. I have considered the Applicant’s notice of motion dated 30th June, 2023 and the affidavit in support thereof and I have noted that the medical records annexed to the Applicant’s affidavit have not disclosed any illness. I have also noted that the Applicant’s sentence does not fall under the community service order and that there is no sentence review report in the file.

2. I hereby find that the application lacks merit and I direct that the Applicant serves sentence in custody.

DELIVERED, SIGNED AND DATED AT KISUMU THIS 18THDAY OF OCTOBER, 2023. MWANAISHA S. SHARIFFJUDGE