[2024] KEHC 555 (KLR)
The court dismissed the application because it was not supported by any material evidence, such as copies of proceedings or judgment, to demonstrate the period the applicant spent in custody prior to sentencing. The court emphasized that without such evidence, it could not consider the request to credit the...
Source-derived case information.
- Citation
- [2024] KEHC 555 (KLR)
- Parties
- Applicant: Brayand Madiori; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E087 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brayand Madiori
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period of 4 years, 5 months, and 17 days spent in custody prior to sentencing should be considered in the applicant's sentence.
- 2 Whether the application is supported by sufficient material evidence.
Ratio Decidendi
The court dismissed the application because it was not supported by any material evidence, such as copies of proceedings or judgment, to demonstrate the period the applicant spent in custody prior to sentencing. The court emphasized that without such evidence, it could not consider the request to credit the pre-sentence custody period against the applicant's sentence. The applicant was advised that he could file a fresh application supported by evidence of the dates of arrest and sentencing.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of supporting material.
- The applicant may file a fresh application supported by evidence of arrest and sentencing dates.
Full Case Text
Judgment text and source record
21 paragraphs
Madiori v Republic (Miscellaneous Criminal Application E087 of 2023) [2024] KEHC 555 (KLR) (26 January 2024) (Ruling)
Neutral citation: [2024] KEHC 555 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E087 of 2023
RE Aburili, J
January 26, 2024
Between
Brayand Madiori
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in High Court Criminal Case No. 05 of 2018 at Kisumu)
Ruling
1. I have considered the application by the convict Brayand Madiori dated and filed on 22nd December 2023. The Applicant seeks for orders that the 4 years and 5 months and 17 days spent in custody before being sentenced to 8 years’ imprisonment in Kisumu High Court Criminal Case No. 05 of 2018 be considered in sentencing.
2. However, there are no copies of proceedings and judgment annexed yet the Applicant/Convict claims that he appealed vide Kisumu HCCRA No. 270 of 2018.
3. I am unable to consider the application which is not supported by any material.
4. Application is dismissed but the applicant can file a fresh application which is supported by evidence of when he was arrested and sentenced.
5. Signal to issue. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024R. E. ABURILI................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR