Kennedy Ouko Were Alias Nicholas Genga Alias Wilson Oruwa Alias Charles Nyabonga Ngaywa v Republic

Were alias Nicholas Genga v Republic (Criminal Appeal E015 of 2023) [2026] KEHC 5068 (KLR) (23 April 2026) (Ruling) Neutral citation: [2026] KEHC 5068 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CRIMINAL APPEAL E015 OF 2023 A MABEYA, J APRIL 23, 2026 BETWEEN KENNEDY OUKO WERE ALIAS NICHOLAS GENGA ALIAS WILSON ORUWA ALIAS CHARLES NYABONGA NGAYWA .......................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5068/eng@2026-04-23 1

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