Okutu v Republic [2022] KEHC 3113 (KLR)

Okutu v Republic (Miscellaneous Criminal Application 89 of 2019) [2022] KEHC 3113 (KLR) (24 June 2022) (Ruling)

Neutral citation: [2022] KEHC 3113 (KLR)

Republic of Kenya

In the High Court at Kakamega

Miscellaneous Criminal Application 89 of 2019

WM Musyoka, J

June 24, 2022

Between

Isaac Benard Okutu

Applicant

and

Republic

Respondent

Ruling

1. The Motion herein, undated, but filed on 25th October 2019, principally seeks review or substitution of sentence. The applicant was convicted in an undisclosed criminal case at the Magistrate’s court, and he lodged an appeal at the High Court whose details are not disclosed.

2. I can only consider review of sentence if the trial court case and the appellate court case files are disclosed. I am unable to give any directions on the matter. The said Motion is incompetent, and I hereby strike it out. The file herein to be closed.

3. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.

DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24TH DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Isaac Benard Onyango, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.