[2023] KEHC 2986 (KLR)
Despite the applicant's failure to provide supporting documentation or specify the date of arrest, the court exercised its discretion to allow the application, taking judicial notice that as at 2009, there was no provision for release on bond in murder cases. The court ordered that the applicant's sentence be...
Source-derived case information.
- Citation
- [2023] KEHC 2986 (KLR)
- Parties
- Applicant: Kennedy Juma Ogola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E043 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Commencement, Murder Conviction, Calculation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Juma Ogola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be ordered to run from the date of arrest despite lack of supporting documentation.
- 2 Whether the absence of trial court proceedings or indication of date of arrest precludes granting the relief sought.
Ratio Decidendi
Despite the applicant's failure to provide supporting documentation or specify the date of arrest, the court exercised its discretion to allow the application, taking judicial notice that as at 2009, there was no provision for release on bond in murder cases. The court ordered that the applicant's sentence be calculated from the date of arrest, with the Prisons authorities tasked to verify the actual date. The absence of trial court proceedings or explicit date of arrest did not preclude the granting of the relief, given the context and the interests of justice.
Court Disposition
application allowed
Orders
- The sentence imposed on the convict shall be calculated from the date of arrest.
- The Prisons authorities are to verify the date of arrest of the convict.
Full Case Text
Judgment text and source record
21 paragraphs
Ogola v Republic (Miscellaneous Criminal Application E043 of 2022) [2023] KEHC 2986 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2986 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E043 of 2022
RE Aburili, J
March 27, 2023
Between
Kennedy Juma Ogola
Applicant
and
Republic
Respondent
Ruling
1. The Convict herein Kennedy Juma Ogola was sentenced to serve twenty-five (25) years imprisonment for the offence of murder. He stated that he never appealed to the Court of Appeal. The Criminal case file is Criminal No. 32 of 2009 and he was convicted on March 14, 2012.
2. He prays that the court now orders that the sentence run from date of arrest but he did not file proceedings from the trial court or even indicate the date of his arrest.
3. I find this application not supported. However, I am aware that as at 2009, there was no provision for release on bond in murder cases.
4. I allow the application and order that the sentence imposed on the Convict shall be calculated from date of arrest.
5. The Prisons authorities to verify the date of arrest of the Convict.
6. I so order. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF MARCH, 2023R. E. ABURILIJUDGE