[2023] KEHC 3084 (KLR)
The court found that the applicant's request to have time spent in custody considered in sentencing was not properly supported by the necessary court proceedings or clear identification of the relevant case files. The application was deemed convoluted and misguided, as the applicant failed to attach the required...
Source-derived case information.
- Citation
- [2023] KEHC 3084 (KLR)
- Parties
- Applicant: Samson Otieno Ongocho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E004 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Remission, Time Spent in Custody, Recidivism, Criminal Procedure, Application Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Otieno Ongocho
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have time spent in custody considered in sentencing for Criminal Case No 541 of 2017.
- 2 Whether the application is properly supported by necessary court proceedings and documentation.
Ratio Decidendi
The court found that the applicant's request to have time spent in custody considered in sentencing was not properly supported by the necessary court proceedings or clear identification of the relevant case files. The application was deemed convoluted and misguided, as the applicant failed to attach the required documentation and did not clarify the specific cases to which his request pertained. The court held that without proper and clear documentation, it could not grant the orders sought. The applicant was advised to file a fresh application, properly supported by the relevant proceedings, for the court's consideration.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of clarity and supporting documentation.
- The applicant may file a fresh application supported by proper proceedings.
Full Case Text
Judgment text and source record
22 paragraphs
Ongocho v Republic (Miscellaneous Criminal Application E004 of 2023) [2023] KEHC 3084 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3084 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E004 of 2023
RE Aburili, J
March 28, 2023
Between
Samson Otieno Ongocho
Applicant
and
Republic
Respondent
Ruling
1. From the documents filed herein by the convict Samson Otieno Ongocho, it is clear that he is a recidivist in many offences including Rape, Robbery with violence and possession of Narcotic and Psychotropic substances and was convicted in several files. In one of the files Kisumu Chief Magistrate’s Court Criminal Case No 542 of 2017, he was acquitted on appeal vide HCCRA No 111 of 2018 but the offence is not indicated.
2. The other files are Kisumu Chief Magistrate Criminal Case No 541 of 2016 for Robbery with violence and rape while Criminal Case No 642 of 2018 is the one related to Narcotic and psychotropic substances.
3. He has consolidated his application seeking that this court considers fifteen (15) months spent in custody in Criminal Case No 541 of 2017 be considered yet he was acquitted in Criminal No 542 of 2017 and the only matter is of 541 of 2016. The case files quoted are not clear at all.
4. He has not attached court proceedings in any of the three quoted court files which should be separate.
5. I find the application convoluted and misguided. The convict can file a proper fresh application supported by proceedings for consideration by this court.
6. I so order.
7. File closed.
Dated, Signed and Delivered at Kisumu this 28thDay of March, 2023R E ABURILIJUDGE