Onyango v Republic [2022] KEHC 16723 (KLR)

Onyango v Republic (Miscellaneous Criminal Application E088 of 2022) [2022] KEHC 16723 (KLR) (19 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16723 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E088 of 2022

RE Aburili, J

December 19, 2022

Between

Moses Okinyo Onyango

Applicant

and

Republic

Respondent

(Being an Application for sentence revision from Bondo PM Criminal Case No. 38 of 2017)

Ruling

1. Bondo law courts have not traced and submitted their original Cr Case No 38/2017.

2. The applicant should have filed the application with a copy of Warrant of committal for this court to consider whether the court took into account the period spend in custody prior for sentencing.

3. In the absence of proper particulars, this court is unable to consider the merits of the application which is hereby struck out.

4. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 19TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE