Oyoo v Republic [2022] KEHC 13169 (KLR)

Oyoo v Republic (Criminal Revision E005 of 2022) [2022] KEHC 13169 (KLR) (23 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13169 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Revision E005 of 2022

RE Aburili, J

September 23, 2022

Between

Maurice Owiti Oyoo

Applicant

and

Republic

Respondent

(Being an Application seeking revision of sentence arising from conviction and sentence in Principal Magistrate’s Court at Bondo in Criminal Case No. E162 of 2022 on 6/4/2022)

Ruling

1. The applicant Maurice Owiti Oyoo seeks for revision of sentence of 2 years imprisonment alleging that he was convicted for the offence of assault. Our Court records however show that he filed Revision No. E004/2022 arising from the same conviction file on the same ground and the application was struck out as the source of the application was unknown since it was not forwarded by Officer Incharge of Prisons.

2. I have seen the forward by the Officer Incharge, Siaya G.K. Prisons. However, the applicant has not attached any proceedings or charge sheet to establish which offence he was convicted and sentenced for at Bondo.

3. In addition, he has not demonstrated that he is deserving of the revisionary powers of this court.

4. I find no substance upon which I can revise the sentence imposed without proof by way of court proceedings.

5. I decline the request and dismiss the application dated July 8, 2022.

6. File closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 23RD DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE