[2024] KEHC 10226 (KLR)
The court dismissed the application on the basis that the applicant failed to provide any material evidence, such as court proceedings, to support his claim that the period spent in pretrial custody was not considered during sentencing. The court emphasized that it is not its duty to search for evidence on behalf of...
Source-derived case information.
- Citation
- [2024] KEHC 10226 (KLR)
- Parties
- Applicant: Bernard Onyango Ogango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E085 of 2024
- Procedural Posture
- Criminal Application / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Pretrial Custody Deduction, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Onyango Ogango
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in pretrial custody deducted from his sentence.
- 2 Whether the application for sentence review is supported by sufficient material evidence.
Ratio Decidendi
The court dismissed the application on the basis that the applicant failed to provide any material evidence, such as court proceedings, to support his claim that the period spent in pretrial custody was not considered during sentencing. The court emphasized that it is not its duty to search for evidence on behalf of applicants, and that the burden lies with the applicant to avail the necessary documents to support their application for sentence review.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogango v Republic (Criminal Application E085 of 2024) [2024] KEHC 10226 (KLR) (19 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10226 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E085 of 2024
RE Aburili, J
August 19, 2024
Between
Bernard Onyango Ogango
Applicant
and
Republic
Respondent
Ruling
1. The applicant claims in his application dated 4/6/2024 that he was convicted of the offence of murder under Section 204 of the Penal Code and was sentenced to thirty years in prison.
2. He claims that he was in custody for 3 years and 9 six months pending trial, which were never taken into account during sentencing. However, he has not annexed any court proceedings for this court to appreciate that fact. It is not for this court to go fishing for evidence to support applications for review of sentences for convicted persons. It is their duty to avail those proceedings and to apply for the same from the respective courts.
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