[2022] KEHC 15552 (KLR)
The court found that the applicant failed to provide any documentary evidence, such as lower court proceedings, to demonstrate that he was not on bond during his trial. Without such evidence, the court could not verify the applicant's claim that he spent 10 months and 11 days in custody prior to sentencing....
Source-derived case information.
- Citation
- [2022] KEHC 15552 (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, Time Spent in Custody, Sexual Offences, Defilement
- 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.
- 2 Whether there is sufficient evidence to support the applicant's claim that he was not on bond during trial.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence, such as lower court proceedings, to demonstrate that he was not on bond during his trial. Without such evidence, the court could not verify the applicant's claim that he spent 10 months and 11 days in custody prior to sentencing. Consequently, the application to have this period considered in the computation of his 20-year sentence for defilement was unsupported and could not be granted. The application was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Juma v Republic (Miscellaneous Criminal Application E190 of 2022) [2022] KEHC 15552 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15552 (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
Ruling
1. The matter was transferred from Kisumu High Court to this court vide an order made on October 25, 2022 by L.J.J 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, 2022R.E. ABURILIJUDGE