[2024] KEHC 10054 (KLR)
The court held that in the absence of annexed trial court proceedings or any material evidence verifying the applicant's claim regarding the period spent in custody, it could not review the sentence under section 333(2) of the Criminal Procedure Code. The applicant's failure to provide the necessary documentation...
Source-derived case information.
- Citation
- [2024] KEHC 10054 (KLR)
- Parties
- Applicant: Jared Oundo Obinde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E106 of 2024
- Procedural Posture
- Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Pre Sentence Custody, Forgery Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Oundo Obinde
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the absence of trial court proceedings precludes the High Court from reviewing the sentence.
Ratio Decidendi
The court held that in the absence of annexed trial court proceedings or any material evidence verifying the applicant's claim regarding the period spent in custody, it could not review the sentence under section 333(2) of the Criminal Procedure Code. The applicant's failure to provide the necessary documentation meant there was no basis upon which the court could grant the relief sought. Consequently, the application was declined and dismissed.
Court Disposition
application dismissed
Orders
- The application is declined and dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Obinde v Republic (Criminal Application E106 of 2024) [2024] KEHC 10054 (KLR) (14 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10054 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E106 of 2024
RE Aburili, J
August 14, 2024
Between
Jared Oundo Obinde
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu CM Criminal Case No. 343 of 2019)
Ruling
1. The applicant is a convict of the offence of forgery contrary to section 350 of the Penal Code. He states in his application subject of this ruling that he was sentenced to serve two years imprisonment. He claims that he was in custody for one year and two months prior to being sentenced hence he prays for consideration of the period spent in custody as stipulated in section 333(2) of the Criminal Procedure Code. He claims that he was arrested on 28/3/2019 and bonded on 28/5/2020 and that the trial court did not take into account the period spent in custody.
2. Regrettably, the convict applicant has not annexed to the application any court proceedings from the trial court for this court to verify the facts deposed and therefore there is no material upon which this court can review the sentence under section 333(2) of the criminal procedure Code. The applicati0n is declined and dismissed.
3. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF AUGUST, 2024R.E. ABURILIJUDGE