[2023] KEHC 19013 (KLR)
The application was dismissed because the applicant failed to provide any documentary evidence, such as a charge sheet or court proceedings, to substantiate his claim regarding the period spent in custody. The court held that in the absence of material evidence to support the prayer sought, it could not grant the...
Source-derived case information.
- Citation
- [2023] KEHC 19013 (KLR)
- Parties
- Applicant: David Ochieng Ogonda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E027 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Credit for Pretrial Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ochieng Ogonda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered and credited towards his sentence.
Ratio Decidendi
The application was dismissed because the applicant failed to provide any documentary evidence, such as a charge sheet or court proceedings, to substantiate his claim regarding the period spent in custody. The court held that in the absence of material evidence to support the prayer sought, it could not grant the application to consider the period spent in custody. The burden of proof lies with the applicant to demonstrate, by way of annexed documents, the actual period spent in custody prior to sentencing. Without such evidence, the court cannot make a determination in the applicant's favour.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of supporting evidence.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogonda v Republic (Miscellaneous Criminal Application E027 of 2023) [2023] KEHC 19013 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19013 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E027 of 2023
RE Aburili, J
June 19, 2023
Between
David Ochieng Ogonda
Applicant
and
Republic
Respondent
Ruling
1. The Convict/Applicant herein applies to this court to consider the period he spent in custody during trial and upon being sentenced on March 21, 2023.
2. He claims that he was arrested on November 11, 2017 yet the sentence pronounced was to run from March 21, 2023, by the convicting Judge in Kisumu HCCR No 01 of 2018.
3. However, the Applicant has not annexed any charge sheet or court proceedings to show the date of arrest or whether he was released on bond pending trial or not.
4. The application cannot be allowed in the absence of material to support the prayer sought. I decline the application on my own motion and dismiss it.
5. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE