Otieno v Republic [2024] KEHC 7294 (KLR)

Otieno v Republic (Criminal Revision E085 of 2024) [2024] KEHC 7294 (KLR) (11 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7294 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E085 of 2024

RE Aburili, J

June 11, 2024

Between

George Oduor Otieno

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu Chief Magistrate’s Court Criminal Case No. 315 of 2010)

Ruling

1. The Applicant is already a convict serving prison term and he filed this application dated 2nd February 2024 seeking for sentence reduction on the basis of his health condition but no proceedings or committal warrant was filed.

2. On 21st May 2024 the court gave him time to file the proceedings and warrant committing him to prison but he has not filed the same.

3. The court cannot keep this file open with no documents. The application dated 2nd February 2024 is dismissed for want of material to support the orders sought.

4. The convict can file a fresh application only when he has the material necessary to place before the court for consideration.

5. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 11TH DAY OF JUNE, 2024. R. E. ABURILIJUDGE