[2024] KEHC 10227 (KLR)
The application was dismissed because the applicant failed to provide any evidence or material to support his claim that the period spent in custody was not considered during sentencing. The court found no basis on the record to substantiate the allegations, and therefore, no grounds to interfere with the conviction...
Source-derived case information.
- Citation
- [2024] KEHC 10227 (KLR)
- Parties
- Applicant: Nickson Ochoro Odera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E131 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Sentencing Considerations, Pretrial Custody, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nickson Ochoro Odera
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's pre-sentence custody period was considered during sentencing.
- 2 Whether there is sufficient evidence to support the applicant's claim.
Ratio Decidendi
The application was dismissed because the applicant failed to provide any evidence or material to support his claim that the period spent in custody was not considered during sentencing. The court found no basis on the record to substantiate the allegations, and therefore, no grounds to interfere with the conviction or sentence.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
21 paragraphs
Odera v Republic (Miscellaneous Criminal Application E131 of 2024) [2024] KEHC 10227 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10227 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E131 of 2024
RE Aburili, J
August 19, 2024
Between
Nickson Ochoro Odera
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Kisumu CM SO Case No. E004 of 2023)
Ruling
1. The applicant claims in his application dated 5/7/2024 that he was convicted of the offence of defilement under Section 8(3) Sexual Offences Act and was sentenced to serve 5 years in prison. He claims that he was in custody for 4 months and two weeks which were never considered in sentencing.
2. There is no evidence on record to support the allegations.
3. I find the application is not supported by any material. It is hereby dismissed.
4. Signal to issue.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE