[2023] KEHC 3308 (KLR)
The court found that the applicant failed to provide evidence or documentation, such as lower court proceedings or proof of time spent in custody, to support his claim that the period in custody was not considered during sentencing. Without such evidence, the court could not grant the relief sought. The application...
Source-derived case information.
- Citation
- [2023] KEHC 3308 (KLR)
- Parties
- Applicant: Lucas Odhiambo Okeyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E097 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Post Conviction Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Sexual Offences, Post Conviction Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucas Odhiambo Okeyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Post Conviction Application
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered in the sentence imposed.
- 2 Whether the application is supported by sufficient evidence or documentation.
Ratio Decidendi
The court found that the applicant failed to provide evidence or documentation, such as lower court proceedings or proof of time spent in custody, to support his claim that the period in custody was not considered during sentencing. Without such evidence, the court could not grant the relief sought. The application was therefore dismissed, but the applicant was granted liberty to file a fresh application with the necessary supporting documents.
Court Disposition
application dismissed
Orders
- The application filed on September 30, 2022 is dismissed.
- The applicant is at liberty to file a fresh application annexing proceedings from the lower court for reconsideration.
Full Case Text
Judgment text and source record
22 paragraphs
Okeyo v Republic (Miscellaneous Criminal Application E097 of 2022) [2023] KEHC 3308 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3308 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E097 of 2022
RE Aburili, J
April 13, 2023
Between
Lucas Odhiambo Okeyo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Lucas Odhiambo Okeyo was convicted of the offence of Rape and indecent assault contrary to Section 20 of the Sexual Offences Act vide Winam Senior Principal Magistrate’s Court Sexual Offences Case No 86 of 2020 and sentenced to serve ten (10) years imprisonment on September 20, 2022, as per the warrant of commitment dated September 20, 2022 annexed.
2. He now applies that the period he spent in custody be considered in sentencing as it was not considered.
3. The Applicant does not state when he was arrested and neither did he annex copies of proceedings from the lower court for perusal and verification whether he was in custody or released on bond pending trial.
4. I find the application filed on September 30, 2022 not supported. The same is hereby dismissed.
5. The applicant is at liberty to file a fresh application annexing proceedings from the lower court for reconsideration.
6. This file is therefore closed.
7. I so order.
Dated, Signed and Delivered at Kisumu this 13 th Day of April, 2023R. E. ABURILIJUDGE