[2023] KEHC 26812 (KLR)
The court found that the applicant's request for consideration of the period spent in custody under Section 333(2) of the Criminal Procedure Code was unsupported, as he failed to provide any documentary evidence, such as copies of proceedings or the judgment, to substantiate his claim regarding the period spent in...
Source-derived case information.
- Citation
- [2023] KEHC 26812 (KLR)
- Parties
- Applicant: Isaac Oira Kibagendi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E074 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Custodial Period Credit, Sexual Offences, Defilement, Criminal Procedure Code, Application Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Isaac Oira Kibagendi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody during trial considered in the computation of his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the application is supported by sufficient evidence or documentation.
Ratio Decidendi
The court found that the applicant's request for consideration of the period spent in custody under Section 333(2) of the Criminal Procedure Code was unsupported, as he failed to provide any documentary evidence, such as copies of proceedings or the judgment, to substantiate his claim regarding the period spent in custody or the details of his conviction and sentence. The absence of such evidence rendered the application unmeritorious, leading to its dismissal.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Kibagendi v Republic (Miscellaneous Criminal Application E074 of 2023) [2023] KEHC 26812 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26812 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E074 of 2023
RE Aburili, J
December 18, 2023
Between
Isaac Oira Kibagendi
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Sexual Offences Case No. E055 of 2019 at Maseno)
Ruling
1. The Applicant is Titus Oira Kibagendi. He seeks vide his application dated 27th January 2023 but filed on 26th November 2023 orders for consideration of his sentence of ten (10) years imprisonment under Section 333(2) of the Criminal Procedure Code, on the period he spent in custody during the trial in Maseno SPM Sexual Offences Case No. E055 of 2019 wherein he was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act.
2. He does not say whether he appealed and the outcome thereof.
3. He claims that he was arrested on 28th August 2019 and convicted on 22nd August 2022. He has not annexed any copies of proceedings and judgment.
4. I find this application not to be supported. It is hereby dismissed.
5. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE