[2024] KEHC 11555 (KLR)

[2024] KEHC 11555 (KLR)

The court found that, although the applicant requested that the period spent in custody be considered in his sentence, there were no supporting court proceedings or materials provided to enable the court to make such a determination. In the absence of such evidence, the court could not grant the orders sought. The...

Source-derived case information.

Citation
[2024] KEHC 11555 (KLR)
Parties
Applicant: Erick Musila Makau; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E155 of 2024
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
application dismissed
Judges
RE Aburili
Legal Topics
Sentencing, Murder, Custodial Sentence, Time Served
Source Language
en
Criminal Law Sentencing Murder Custodial Sentence Time Served

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Summary, issues, holding and outcome

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Parties

Erick Musila Makau

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the period spent in custody by the applicant should be considered in sentencing.
  2. 2 Whether there is sufficient material before the court to grant the orders sought.

Ratio Decidendi

The court found that, although the applicant requested that the period spent in custody be considered in his sentence, there were no supporting court proceedings or materials provided to enable the court to make such a determination. In the absence of such evidence, the court could not grant the orders sought. The application was therefore dismissed and the file closed.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The file is closed.