[2023] KEHC 26815 (KLR)
The court found that the applicant failed to provide any proceedings, judgment, or other material to confirm the period he was in custody pending trial. Without such evidence, the court could not ascertain whether the applicant was entitled to have the period spent in custody considered in the computation of his...
Source-derived case information.
- Citation
- [2023] KEHC 26815 (KLR)
- Parties
- Applicant: Martin Onyango Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E079 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Robbery With Violence, Section 333 2 Criminal Procedure Code, Penal Code Section 296 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Onyango Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether there is sufficient material to support the applicant's claim regarding time spent in custody pending trial.
Ratio Decidendi
The court found that the applicant failed to provide any proceedings, judgment, or other material to confirm the period he was in custody pending trial. Without such evidence, the court could not ascertain whether the applicant was entitled to have the period spent in custody considered in the computation of his sentence under Section 333(2) of the Criminal Procedure Code. Consequently, the application for sentence review was dismissed for lack of supporting material.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E079 of 2023) [2023] KEHC 26815 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26815 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E079 of 2023
RE Aburili, J
December 18, 2023
Between
Martin Onyango Omondi
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Court Criminal Case No. 54 of 2020 at Winam)
Ruling
1. The Applicant Martin Onyango Omondi applies for Sentence Review under Section 333(2) of the Criminal Procedure Code. He is serving a ten (10) years prison term following his conviction by Winam Senior Principal Magistrate’s court in Criminal Case No. 54 of 2020.
2. He claims that he was convicted on 10th February 2022 and that he was arrested on 12th January 2020.
3. Regrettably, there are no proceedings or judgment annexed to confirm whether the convict was in custody and from when, pending trial.
4. The Applicant claims that he was convicted of robbery with violence contrary to Section 296(2) of the Penal Code as per warrant of commitment annexed. That he opted not to appeal to the Court of Appeal. He does not say if he appealed to the High Court.
5. I am unable to find material to support the orders sought. I dismiss the application.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF DECEMBER, 2023R. E. ABURILIJUDGE