[2021] KEHC 3893 (KLR)
The court found that the applicant's assertions regarding the period spent in remand custody were inconsistent and unsupported by any documentary evidence. The applicant failed to attach proceedings or other proof to substantiate his claim that he spent two years in remand custody prior to sentencing. Due to these...
Source-derived case information.
- Citation
- [2021] KEHC 3893 (KLR)
- Parties
- Applicant: Joseph Wango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E091 of 2021
- Procedural Posture
- Miscellaneous Application / Sentence Review Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Remand Custody Credit, Attempted Defilement, Conviction, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Wango Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence to account for time spent in remand custody.
- 2 Whether the applicant has provided sufficient evidence to support his claim regarding time spent in remand custody.
Ratio Decidendi
The court found that the applicant's assertions regarding the period spent in remand custody were inconsistent and unsupported by any documentary evidence. The applicant failed to attach proceedings or other proof to substantiate his claim that he spent two years in remand custody prior to sentencing. Due to these inconsistencies and lack of evidence, the court declined to grant the sentence review sought by the applicant.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E091 OF 2021
CORAM: HON. R.E. ABURILI, J
JOSEPH WANGO OMONDI...............................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................RESPONDENT
(Being an Application for Sentence Review against sentence in Ukwala Senior Resident Magistrate’s Court in Cr. Case No. 531 of 2015)
RULING
1. The applicant Joseph Wango Omondi, was convicted of the offence of attempted defilement and sentenced to serve 10 years imprisonment. He claims that he never appealed and only wants review of sentence to take into account two years spent in remand custody vide Ukwala SRM Sexual Offence 531/2015 to be considered. He however contradicts himself at paragraph 4 by stating that he was arrested on February 2016 and sentenced in August 2016. He has not attached any proceedings to support his assertions.
2. That being the case, I find the applicant inconsistent in his application.
3. I decline the application and dismiss it.
4. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE