[2024] KEHC 8016 (KLR)

[2024] KEHC 8016 (KLR)

The court found that the applicant was only entitled to a deduction of the 14 days spent in custody prior to being released on bond. The period during which the applicant was out on bond, especially after absconding, cannot be considered for further deduction from his custodial sentence. The applicant's breach of...

Source-derived case information.

Citation
[2024] KEHC 8016 (KLR)
Parties
Applicant: Fanuel Ogogo Api; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
28 June 2024
Case Number
Miscellaneous Criminal Application E037 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Sentencing, Bond Breach, Custodial Sentence, Release Conditions
Source Language
english
Criminal Law Sentencing Bond Breach Custodial Sentence Release Conditions

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Parties

Fanuel Ogogo Api

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to be released to serve the remaining 2 years of his sentence out of prison.
  2. 2 Whether the time spent on bond after absconding should be considered in sentence computation.

Ratio Decidendi

The court found that the applicant was only entitled to a deduction of the 14 days spent in custody prior to being released on bond. The period during which the applicant was out on bond, especially after absconding, cannot be considered for further deduction from his custodial sentence. The applicant's breach of bond terms by absconding disqualifies him from any additional leniency or consideration for release to serve the remainder of his sentence out of prison. There was no legal or factual basis presented to justify the orders sought, and the application was accordingly dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • Signal to issue.