[2024] KEHC 10216 (KLR)
The court found that the applicant was not truthful in his claim of having spent one year in custody pending trial. The record showed he was arrested on 18/4/2011, appeared in court on 10/5/2011, and was released on bond on 8/7/2011, amounting to about two months in custody. The court held that the applicant's...
Source-derived case information.
- Citation
- [2024] KEHC 10216 (KLR)
- Parties
- Applicant: Morris Owino Ogunyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E099 of 2024
- Procedural Posture
- Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Pre Sentence Custody, Sexual Offences Act, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morris Owino Ogunyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in custody pending trial should be taken into account in the applicant's sentence.
- 2 Whether the applicant was in custody for one year as claimed.
Ratio Decidendi
The court found that the applicant was not truthful in his claim of having spent one year in custody pending trial. The record showed he was arrested on 18/4/2011, appeared in court on 10/5/2011, and was released on bond on 8/7/2011, amounting to about two months in custody. The court held that the applicant's dishonesty disentitled him to the relief sought, and there was no basis to grant the application for consideration of pre-sentence custody period. The application was therefore dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The application dated 3/4/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Ogunyo v Republic (Criminal Application E099 of 2024) [2024] KEHC 10216 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10216 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E099 of 2024
RE Aburili, J
August 15, 2024
Between
Morris Owino Ogunyo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando SPM SO Case No. 206 of 2011 on 11/11/2022 by Hon. C. Owiye, PM)
Ruling
1. The applicant is a convict of the offence of defilement under section 8(3) of the Sexual Offences Act. He was sentenced to serve twenty years in prison.
2. He now seeks orders that the one year that he spent in custody pending trial be taken into account. he appealed vide HCRA 58 of 2012 which appeal was dismissed.
3. From the partial proceedings that he has annexed, he appeared in court on 10/5/2011 and after the complainant testified, he was granted bond of Kshs 100,000 plus one surety of similar amount. he was released on bond on after his surety was approved on 8/7/2011 which was about two months.
4. The applicant in his application claims that he was in custody for one year and that he was arrested on 18/4/2011. He is obviously dishonest.
5. I find the application dated 3/4/2024 not merited. The same is hereby dismissed.
6. Signal to issue.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF AUGUST, 2024R.E. ABURILIJUDGE