[2023] KEHC 24327 (KLR)
The court held that the applicant's request for consideration of time spent in custody could not be granted because he failed to provide essential information, such as the dates of arrest, conviction, and sentencing, or any documentary evidence to support his claim that he was in custody for 19 months. The court...
Source-derived case information.
- Citation
- [2023] KEHC 24327 (KLR)
- Parties
- Applicant: Enock Olando Aston; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E061 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Defilement Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Olando Aston
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the trial court considered the period spent in custody by the applicant as required under section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant provided sufficient evidence to support his claim for consideration of time spent in custody.
Ratio Decidendi
The court held that the applicant's request for consideration of time spent in custody could not be granted because he failed to provide essential information, such as the dates of arrest, conviction, and sentencing, or any documentary evidence to support his claim that he was in custody for 19 months. The court emphasized that it cannot speculate on facts not placed before it and that the burden was on the applicant to provide sufficient material to enable the court to make a determination under section 333(2) of the Criminal Procedure Code. Consequently, the application was dismissed for lack of supporting evidence, with liberty to file a fresh application accompanied by the necessary...
Court Disposition
application dismissed
Orders
- The application dated 23rd June 2023 is dismissed for lack of supporting evidence.
- The applicant is at liberty to file a fresh application with supporting proceedings.
Full Case Text
Judgment text and source record
23 paragraphs
Aston v Republic (Miscellaneous Criminal Application E061 of 2023) [2023] KEHC 24327 (KLR) (27 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24327 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E061 of 2023
RE Aburili, J
October 27, 2023
Between
Enock Olando Aston
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Sexual Offences Case No E068 of 2010 at Maseno)
Ruling
1. I have considered the application dated 23rd June 2023 which was initially filed at Siaya High Court and transferred to this court as the lower court proceedings took place before Maseno Senior Principal Magistrate’s court which is under the supervisory jurisdiction of this court.
2. The applicant is a convict vide Maseno SPM Sexual Offences Case No. E068 of 2010 where he was sentenced to serve twenty (20) years imprisonment for the offence of defilement.
3. He claims that the trial court never considered the period spent in custody as stipulated in section 333(2) of the Criminal Procedure Code yet he was in custody for 19 months.
4. Regrettably, the applicant does not state when he was arrested and when he was convicted and sentenced and neither did he annex any court document or proceedings to confirm that he was not on bond during the trial. This court cannot guess the date of arrest.
5. The application is found to be unsupported for consideration under section 333(2) of the Criminal Procedure Code and is hereby dismissed.
6. The applicant can file a fresh application with proceedings supporting his case.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE