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Judgmentkennedy ouko were aliaswilson oruwa alias charles nyabonga ngaywa VS1 min read

kennedy ouko were aliaswilson oruwa alias charles nyabonga ngaywa VS

High Court at Kisumu High Court · · Alfred Mabeya

1. I have considered the application. I have considered the record. The applicant was sentenced to 3 years’ imprisonment for obtaining and 2 years’ imprisonment for forgery. The sentences were to run consecutively from 5/3/2021 according to the record signed on 11/11/2022 by the trial court.
2. However, the Committal warrant dated 11/11/2022 reads: -
“3 years’ imprisonment 7 years’ imprisonment sentences to run consecutively from 5/3/2021 when the accused was first remanded.”
3. The Committal warrant was erroneous and illegal. It is not in accordance with the sentence of the Court.
4. Accordingly, I hereby quash the said warrant and replace it with 3 years’ imprisonment and 2 years’ imprisonment, respectively. The sentence is to run consecutively from 5/3/2021.
5. Accordingly, the applicant has already served his sentence as at 4/3/2026. He is hereby to be set at liberty forthwith unless otherwise lawfully held.
6. This file is hereby closed.
It is so ordered.
    kennedy ouko were aliaswilson oruwa alias charles nyabonga ngaywa VS kennedy ouko were aliaswilson oruwa alias charles nyabonga ngaywa VS