[2024] KEHC 10196 (KLR)
The court found that the applicant failed to provide any material evidence, such as court proceedings or judgments, to demonstrate that the period spent in custody pending trial was not considered during sentencing as required by section 333(2) of the Criminal Procedure Code. Furthermore, the applicant's claim of...
Source-derived case information.
- Citation
- [2024] KEHC 10196 (KLR)
- Parties
- Applicant: Hezron Aura Ngutu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E112 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Bond Pending Appeal
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Principles, Bond Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hezron Aura Ngutu
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Bond Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to bond pending appeal.
- 2 Whether the period spent in custody pending trial should be taken into account under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant failed to provide any material evidence, such as court proceedings or judgments, to demonstrate that the period spent in custody pending trial was not considered during sentencing as required by section 333(2) of the Criminal Procedure Code. Furthermore, the applicant's claim of having spent 20 years in custody was addressed by the court, which noted that the sentence would automatically expire at the end of the 20-year term, rendering the application for release unnecessary. The court also observed that the applicant did not provide sufficient grounds or exceptional circumstances to warrant the grant of bond pending appeal. Consequently, the application...
Court Disposition
application dismissed
Orders
- The application dated 11.6.2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ngutu v Republic (Criminal Application E112 of 2024) [2024] KEHC 10196 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10196 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E112 of 2024
RE Aburili, J
August 15, 2024
Between
Hezron Aura Ngutu
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu CM Sexual Offence Case NO. 770 of 2010, SRM on 21st November, 2012 by Hon.J. Ong’ondo)
Ruling
1. The applicant is a convict of the offence of defilement under section 8(3) of the Sexual Offences Act. He was sentenced to serve twenty years in prison and from his application, he filed an appeal vide HCRA 130 of 2012 which was dismissed. He also filed a further appeal to the Court of Appeal vide CoA CR Appeal No. 85 of 2014 which was also dismissed.
2. is pending. he seeks to be released on bond pending appeal. There is no reason why he did not apply within the appeal file instead of duplicating file.
3. The applicant seeks orders that the period spent in custody pending trial be taken into account. he has however not annexed any court proceedings or judgments passed at various levels to demonstrate that the courts have not taken into account the provisions of section 333(2) of the Criminal Procedure Code in sentencing. In his application, he wants to be released because he has spent 20 years in custody. If that be the case, then the incarceration period will automatically end at the close of 20 years therefore he does not require an order of this court to have him released.
4. Accordingly, I find no material upon which to make any favourable orders.
5. I dismiss the application dated 11. 6.2024.
6. Signal to issue.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF AUGUST, 2024R.E. ABURILIJUDGE