[2023] KEHC 19018 (KLR)
The court held that in the absence of any documentary evidence or material to support the applicant's claim regarding the period spent in custody, the application could not be allowed. The applicant failed to annex a charge sheet or court proceedings to demonstrate the date of arrest or whether he was released on...
Source-derived case information.
- Citation
- [2023] KEHC 19018 (KLR)
- Parties
- Applicant: Kevin Okong’o Awino; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E023 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pretrial Custody, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Okong’o Awino
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered and credited towards his sentence.
- 2 Whether the applicant provided sufficient material evidence to support his claim regarding time spent in custody.
Ratio Decidendi
The court held that in the absence of any documentary evidence or material to support the applicant's claim regarding the period spent in custody, the application could not be allowed. The applicant failed to annex a charge sheet or court proceedings to demonstrate the date of arrest or whether he was released on bond. The evidentiary burden lies with the applicant to substantiate his assertions. Consequently, the court dismissed the application for lack of supporting material.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of supporting material.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Awino v Republic (Miscellaneous Criminal Application E023 of 2023) [2023] KEHC 19018 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19018 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E023 of 2023
RE Aburili, J
June 19, 2023
Between
Kevin Okong’o Awino
Applicant
and
Republic
Respondent
Ruling
1. The Convict/Applicant herein applies to this court to consider the period he spent in custody during trial and upon being sentenced on March 21, 2023.
2. He claims that he was arrested on November 11, 2017 yet the sentence pronounced was to run from March 21, 2023, by the convicting Judge in Kisumu HCCR No 01 of 2018.
3. However, the Applicant has not annexed any charge sheet or court proceedings to show the date of arrest or whether he was released on bond pending trial or not.
4. The application cannot be allowed in the absence of material to support the prayer sought. It is the duty of the applicant to avail to this court material in support of his assertions. No material in support of the application has been availed. I decline the application on my own motion and dismiss it.
5. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE