[2022] KEHC 15551 (KLR)
The court found that the applicant failed to provide any documentary evidence or lower court proceedings to demonstrate that he was not on bond during his trial. In the absence of such evidence, the application for consideration of pre-sentence custody time could not be supported. The court therefore dismissed the...
Source-derived case information.
- Citation
- [2022] KEHC 15551 (KLR)
- Parties
- Applicant: Peter Omondi Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E190 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Credit, Custodial Sentence, Sexual Offences Act, Defilement, Pretrial Custody, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Omondi Juma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period of 10 months and 11 days spent in custody by the applicant should be considered in the computation of his 20-year imprisonment sentence for defilement.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence or lower court proceedings to demonstrate that he was not on bond during his trial. In the absence of such evidence, the application for consideration of pre-sentence custody time could not be supported. The court therefore dismissed the application, holding that the burden was on the applicant to prove that he was in custody throughout the trial period for the time to be credited against his sentence.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Juma v Republic (Miscellaneous Criminal Application E190 of 2022) [2022] KEHC 15551 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15551 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E190 of 2022
RE Aburili, J
November 18, 2022
Between
Peter Omondi Juma
Applicant
and
Republic
Respondent
(Kisumu High Court to this court vide an order made on October 25, 2022 by LJJ Kamau.)
Ruling
1. The matter was transferred from Kisumu High Court to this court vide an order made on October 25, 2022 by LJJ Kamau.
2. The applicant filed the application in February 2022 seeking that the 10 months and 11 days he spent in custody be considered in his 20 years imprisonment for defilement contrary to section 8 (3) of the Sexual Offences Act.
3. There are no lower court proceedings annexed to demonstrate that the applicant convict was not on bond during his trial. I find this application unsupported.
4. The same is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 18TH DAY OF NOVEMBER, 2022. RE ABURILIJUDGE