[2024] KEHC 11544 (KLR)
The court found that the applicant failed to provide any court proceedings or evidence to demonstrate that he was in custody during the trial period. Without such evidence, the court could not ascertain whether the applicant was entitled to have the period spent in custody credited against his sentence. The...
Source-derived case information.
- Citation
- [2024] KEHC 11544 (KLR)
- Parties
- Applicant: Erick Owuor Omollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E176 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Gang Rape, Sentencing, Custodial Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Owuor Omollo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody pending trial should be considered in the sentences imposed on the applicant.
Ratio Decidendi
The court found that the applicant failed to provide any court proceedings or evidence to demonstrate that he was in custody during the trial period. Without such evidence, the court could not ascertain whether the applicant was entitled to have the period spent in custody credited against his sentence. The application was therefore found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Omollo v Republic (Miscellaneous Criminal Application E176 of 2024) [2024] KEHC 11544 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11544 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E176 of 2024
RE Aburili, J
September 26, 2024
Between
Erick Owuor Omollo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Maseno Senior Principal Magistrate’s Court Criminal Case No. 534 of 2017)
Ruling
1. The Convict/Applicant herein is Erick Owuor Omollo. He was convicted of the offence of Robbery with violence and gang rape and sentenced to serve twenty (20) years imprisonment on each county, sentenced to run concurrently on 14th February 2019 vide Maseno SPM Criminal Case No. 534 of 2017.
2. He appealed vide HCCRA No. 4 of 2019 which appeal was dismissed.
3. He now prays that the period spent in custody pending trial be considered in the sentences imposed.
4. However, no court proceedings are annexed to enable this court peruse and establish whether he was on bond during that period of trial or not, yet the convict was issued with a record of appeal on appeal.
5. I find the application to be mischievous and devoid of any merit. It is hereby dismissed.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE