[2024] KEHC 11908 (KLR)
The court found that the applicant had already been heard on appeal and had the opportunity to raise the issue of the custodial period at that stage. There was no sufficient evidence provided to show that the applicant did not secure bond or that the period in custody was not considered. The court further noted that...
Source-derived case information.
- Citation
- [2024] KEHC 11908 (KLR)
- Parties
- Applicant: Fredrick Odhiambo Dimo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E047 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Review of Sentence, Custodial Period Credit, Defilement Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Odhiambo Dimo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in reducing the applicant's sentence.
- 2 Whether the applicant had an opportunity to raise the issue of custodial period during appeal.
Ratio Decidendi
The court found that the applicant had already been heard on appeal and had the opportunity to raise the issue of the custodial period at that stage. There was no sufficient evidence provided to show that the applicant did not secure bond or that the period in custody was not considered. The court further noted that only the typed proceedings from Ukwala Law Courts were available, making it difficult to ascertain whether the applicant remained in custody throughout. Given the lack of evidence and the fact that the matter is old, the court concluded that the application was not merited and dismissed it.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Dimo v Republic (Miscellaneous Criminal Application E047 of 2024) [2024] KEHC 11908 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11908 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E047 of 2024
RE Aburili, J
September 27, 2024
Between
Fredrick Odhiambo Dimo
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence in Ukwala SPM’s Court vide Criminal Case No. 503 of 2015 delivered by Hon. R.M. Ounda (SRM) dated 3/5/2016)
Ruling
1. The Applicant Fredrick Odhiambo Dimo was convicted of the offence of gang defilement vide Ukwala PM SO Case No. 503/2015 and sentenced to serve 15 years imprisonment on 3/5/2016. He appealed vide HCRA 144/2019 at Kisumu, which appeal was transferred to Siaya High Court and assigned HCRA 49/2016 upon the establishment of the High Court in 2015. His appeal was heard and dismissed on 19/2/2018. The applicant now applies vide his application dated 10/6/2024 that this court considers the period spent in custody being 9 months prior to sentencing.
2. The applicant was heard on appeal and he had the opportunity to ask the court to consider that period.
3. On 12/10/2015, he was granted bond of Ksh500,000/= plus one surety of similar amount.
4. However, as only the typed proceedings from Ukwala Law Courts were traced, it is difficult to tell whether the convict secured bond. This is an old matter. Convict take advantage of time lapse to hood wink courts into giving them favourable orders.
5. I find the application not merited and the same is hereby dismissed.
6. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE