[2022] KEHC 17019 (KLR)
The court dismissed the application because the applicant failed to provide copies of the lower court proceedings and judgment, which are necessary to establish the facts regarding the period spent in custody and whether he was on bond during trial. Without this evidence, the court could not verify the applicant's...
Source-derived case information.
- Citation
- [2022] KEHC 17019 (KLR)
- Parties
- Applicant: Brian Oduor Obura; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E189 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Rape Offence, Custodial Sentence, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Brian Oduor Obura
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of his sentence to account for the period spent in custody.
- 2 Whether the application is supported by sufficient evidence or documentation.
Ratio Decidendi
The court dismissed the application because the applicant failed to provide copies of the lower court proceedings and judgment, which are necessary to establish the facts regarding the period spent in custody and whether he was on bond during trial. Without this evidence, the court could not verify the applicant's claims or lawfully review the sentence. The burden of proof lies with the applicant to provide adequate documentation to support a sentence review application.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
Obura v Republic (Miscellaneous Criminal Application E189 of 2022) [2022] KEHC 17019 (KLR) (18 November 2022) (Ruling)
Neutral citation: [2022] KEHC 17019 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E189 of 2022
RE Aburili, J
November 18, 2022
Between
Brian Oduor Obura
Applicant
and
Republic
Respondent
Ruling
1. Theapplicant claims that he was convicted and sentenced to serve 15 years imprisonment for the offence of rape contrary tosection 10 of the Sexual Offences Act. He wants this court to review his sentence to take into account the period spent in custody. However, despite filing the application in April 2022 in Kisumu High Court as transferred to this court vide an order issued on 25/10/2022 by Hon Lady Justice Jackline Kamau, he never filed copies of proceedings and judgments from the lower court for this court to establish the truth or the exact period spent in custody, if at all the convict was not on bond during the trial.
2. I find this application not supported. It is hereby dismissed. File closed.
Dated, signed and Delivered at Siaya this 18thDay of November, 2022R.E. ABURILIJUDGE