[2024] KEHC 11588 (KLR)
The court found that the applicant failed to provide any documentary evidence or court proceedings to support his claim of having spent 9 months and 25 days in custody prior to sentencing. In the absence of such proof, the court could not consider the period for purposes of reducing the sentence. The application was...
Source-derived case information.
- Citation
- [2024] KEHC 11588 (KLR)
- Parties
- Applicant: Elijah Odongo Nyawima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E157 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Custodial Periods, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Odongo Nyawima
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period of 9 months and 25 days spent in custody prior to sentencing should be considered in reduction of the applicant's sentence.
- 2 Whether the application is supported by sufficient evidence of time spent in custody.
Ratio Decidendi
The court found that the applicant failed to provide any documentary evidence or court proceedings to support his claim of having spent 9 months and 25 days in custody prior to sentencing. In the absence of such proof, the court could not consider the period for purposes of reducing the sentence. The application was therefore dismissed for being unsupported.
Court Disposition
application dismissed
Orders
- The application dated 16th August 2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Nyawima v Republic (Miscellaneous Criminal Application E157 of 2024) [2024] KEHC 11588 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11588 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E157 of 2024
RE Aburili, J
September 26, 2024
Between
Elijah Odongo Nyawima
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 21 of 2012)
Ruling
1. The Convict Elijah Odongo Nyawima was sentenced to serve twenty (20) years imprisonment on 31st October 2012 for the offence of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act vide Nyando SPM Sexual Offences No. 21 of 2012.
2. He seeks for consideration of 9 months and 25 days he spent in custody from 6th January 2012 date of arrest to 31st October 2012.
3. There are no court proceedings annexed to prove that fact.
4. The application dated 16th August 2024 is unsupported and is hereby dismissed.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE