[2024] KEHC 4990 (KLR)
The court held that the applicant's request to have the 7 months spent in remand custody considered as part of his sentence could not be granted because he failed to provide any supporting material, such as court proceedings or judgment, to verify his claim. Without such evidence, the court could not ascertain...
Source-derived case information.
- Citation
- [2024] KEHC 4990 (KLR)
- Parties
- Applicant: George Ochieng Dero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E063 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Remand Custody, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng Dero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period of 7 months spent in remand custody should be considered as part of the sentence served by the applicant in Nyando SPM Criminal Case No. E226 of 2022.
Ratio Decidendi
The court held that the applicant's request to have the 7 months spent in remand custody considered as part of his sentence could not be granted because he failed to provide any supporting material, such as court proceedings or judgment, to verify his claim. Without such evidence, the court could not ascertain whether the applicant was indeed in custody during the relevant period, and therefore the application was dismissed for lack of supporting material.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Ruling to be served on the Applicant.
Full Case Text
Judgment text and source record
22 paragraphs
Dero v Republic (Miscellaneous Criminal Application E063 of 2024) [2024] KEHC 4990 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4990 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E063 of 2024
RE Aburili, J
May 9, 2024
Between
George Ochieng Dero
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. E226 of 2022 at Nyando)
Ruling
1. The Applicant George Ochieng Dero in his application dated 4th February 2024 prays that the period of 7 months from April 2022 to 2nd November 2022 spent in remand custody be considered as part of the sentence served in Nyando SPM Criminal Case No. E226 of 2022, where he was convicted and sentenced to serve 4 years’ imprisonment for the offence of stock theft.
2. He has not annexed any court proceedings and judgment for this court to verify whether he was on bond or in custody during the trial.
3. I find the application not supported by material to warrant the prayer sought. The application is dismissed.
4. Ruling to be served on the Applicant.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE