[2024] KEHC 12345 (KLR)
The court found that the applicant failed to annex any proceedings or evidence to support his claim for consideration of time spent in custody. Furthermore, the applicant had already benefited from a reduced sentence following resentencing from death to 20 years' imprisonment. In the absence of supporting...
Source-derived case information.
- Citation
- [2024] KEHC 12345 (KLR)
- Parties
- Applicant: Dennis Ombese Kebati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E208 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Murder Sentencing, Resentencing Applications, Time Spent in Custody, Penal Code Section 203 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Ombese Kebati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to resentencing considered in reduction of his sentence.
- 2 Whether the application for consideration of time spent in custody is supported by sufficient evidence.
Ratio Decidendi
The court found that the applicant failed to annex any proceedings or evidence to support his claim for consideration of time spent in custody. Furthermore, the applicant had already benefited from a reduced sentence following resentencing from death to 20 years' imprisonment. In the absence of supporting documentation and given the prior resentencing, the application lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 4th October 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Kebati v Republic (Miscellaneous Criminal Application E208 of 2024) [2024] KEHC 12345 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12345 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E208 of 2024
RE Aburili, J
October 15, 2024
Between
Dennis Ombese Kebati
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu High Court Criminal Case No. 27 of 2015)
Ruling
1. The applicant was convicted and sentenced to death on 24th July 2017 for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
2. He claims that he was resentenced on 27th November 2018 to serve 20 years’ imprisonment and now wants the 2 years and 10 months spent in custody considered.
3. There are no proceedings annexed to support the claim. Furthermore, the Applicant benefited from a less severe sentence by escaping the hangman’s noose.
4. I find no substance in the application dated 4th October 2024 which is hereby dismissed.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF OCTOBER, 2024R. E. ABURILIJUDGE