[2024] KEHC 10030 (KLR)
The court found that the applicant's request for consideration of time spent in custody was unsupported by any evidence or annexed proceedings. The applicant failed to demonstrate how he was left out of the consideration that was allegedly accorded to his co-accused. In the absence of supporting documentation or a...
Source-derived case information.
- Citation
- [2024] KEHC 10030 (KLR)
- Parties
- Applicant: Dancan Ouma Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E128 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Resentencing, Custodial Sentence, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dancan Ouma Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody considered in his sentence.
- 2 Whether the application is supported by evidence or proper documentation.
Ratio Decidendi
The court found that the applicant's request for consideration of time spent in custody was unsupported by any evidence or annexed proceedings. The applicant failed to demonstrate how he was left out of the consideration that was allegedly accorded to his co-accused. In the absence of supporting documentation or a clear basis for the claim, the court dismissed the application as unmerited.
Court Disposition
application dismissed
Orders
- The application dated 11/7/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Ochieng v Republic (Criminal Application E128 of 2024) [2024] KEHC 10030 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10030 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E128 of 2024
RE Aburili, J
August 12, 2024
Between
Dancan Ouma Ochieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando SPM Criminal Case No. 1886 of 2005)
Ruling
1. The applicant is a convict for the offence of robbery with violence contrary to section 296(2) of the Penal Code and was sentenced to death. He appealed to the High Court vide HCRA 181 of 2013 which appeal was dismissed. he appealed to the Court of Appeal vide CoA 264 of 2015 and again, the appeal was dismissed. he returned to the High Court vide Petition for resentencing and Ochieng J resentenced him to serve 30 years imprisonment.
2. He claims that his co accused Michael Onyango Obondo was considered for the period spent in custody pending trial but he does not state how he missed the chance as he has not annexed any proceedings to indicate how he was left out.
3. I find the application dated 11//7/2024 not supported. I hereby dismiss it.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF AUGUST, 2024R.E. ABURILIJUDGE