[2024] KEHC 10214 (KLR)
The court found that the applicant's claim regarding the period spent in pre-sentence custody was unsupported by any documentary evidence or court proceedings. In the absence of such material, the court could not verify the claim or grant the relief sought. The application was therefore dismissed for lack of...
Source-derived case information.
- Citation
- [2024] KEHC 10214 (KLR)
- Parties
- Applicant: Francis Anjichi alias Frank; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E083 of 2024
- Procedural Posture
- Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pretrial Custody, Sexual Offences, Attempted Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Anjichi alias Frank
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's pre-sentence custodial period should have been considered during sentencing.
- 2 Whether the application is supported by sufficient material evidence.
Ratio Decidendi
The court found that the applicant's claim regarding the period spent in pre-sentence custody was unsupported by any documentary evidence or court proceedings. In the absence of such material, the court could not verify the claim or grant the relief sought. The application was therefore dismissed for lack of supporting evidence.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
21 paragraphs
Anjichi v Republic (Criminal Application E083 of 2024) [2024] KEHC 10214 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10214 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E083 of 2024
RE Aburili, J
August 15, 2024
Between
Francis Anjichi alias Frank
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Maseno SO Case No. 46 of 2020 by Hon. Yalwala SPM)
Ruling
1. The applicant claims in his application dated 29/4/2024 that he was convicted of the offence of attempted defilement under section 389 (sic) of the Sexual Offences Act. He was sentenced to serve seven years in prison.
2. He claims that he was in custody for 1 year and six months which was never taken into account during sentencing. however, he has not annexed any court proceedings for this court to appreciate that fact.
3. I find the application is not supported by any material. It is hereby dismissed.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF AUGUST, 2024R.E. ABURILIJUDGE