[2023] KEHC 2880 (KLR)
The court dismissed the application because the applicant failed to provide material evidence, specifically the date of arrest and details of custody, necessary for the court to consider whether the period spent in custody should be deducted from the sentence. The trial court's committal warrant did not mention any...
Source-derived case information.
- Citation
- [2023] KEHC 2880 (KLR)
- Parties
- Applicant: Japheth Omondi Okwanyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E009 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Stealing Stock, Imprisonment Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Japheth Omondi Okwanyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in custody by the applicant pending trial should be considered in the computation of his six-year imprisonment sentence for stealing stock.
Ratio Decidendi
The court dismissed the application because the applicant failed to provide material evidence, specifically the date of arrest and details of custody, necessary for the court to consider whether the period spent in custody should be deducted from the sentence. The trial court's committal warrant did not mention any period spent in custody, and without full disclosure, the High Court could not grant the orders sought. The applicant was advised to file a fresh application with complete information for consideration.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Okwanyo v Republic (Miscellaneous Criminal Application E009 of 2022) [2023] KEHC 2880 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2880 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E009 of 2022
RE Aburili, J
March 24, 2023
Between
Japheth Omondi Okwanyo
Applicant
and
Republic
Respondent
Ruling
1. The application was filed on 20th January 2022 by Japheth Omondi Okwanyo and to date, despite orders and directions for availability of the lower court file in Nyando Senior Principal Magistrate Criminal No. 8939 of 2021, there has been no action.
2. The Convict/Applicant seeks orders that the period he spent in custody pending trial be considered in the six (6) years imprisonment imposed on him for the offence of stealing stock as per the committal warrant dated 13th September 2021.
3. He has annexed the warrant of commitment for a sentence of imprisonment which shows that the trial court did not mention any period spent in custody.
4. He however does not state when he was arrested.
5. I find no material to consider the period spent in custody. The application is dismissed.
6. The Convict can file another application with full disclosure of date of arrest and court proceedings for the court to consider whether he was on bond pending trial or not.
7. The file is closed.
8. Signal to issue.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE