[2023] KEHC 3159 (KLR)
The court found that there was no merit in the application because there was no evidence that the period spent in custody during trial had not already been considered or that the applicant was serving another undisclosed sentence. The application was therefore dismissed and the file closed.
Source-derived case information.
- Citation
- [2023] KEHC 3159 (KLR)
- Parties
- Applicant: Vincent Onyango Opany; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E094 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Credit for Time Served, Malicious Damage to Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Onyango Opany
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody during trial considered in his sentence.
- 2 Whether there is merit in the application to review the sentence based on time already served.
Ratio Decidendi
The court found that there was no merit in the application because there was no evidence that the period spent in custody during trial had not already been considered or that the applicant was serving another undisclosed sentence. The application was therefore dismissed and the file closed.
Court Disposition
application dismissed
Orders
- The application filed on September 21, 2022 is dismissed.
- If the applicant is still in prison, he is to be notified of this decision.
Full Case Text
Judgment text and source record
19 paragraphs
Opany v Republic (Miscellaneous Criminal Application E094 of 2022) [2023] KEHC 3159 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3159 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E094 of 2022
RE Aburili, J
April 12, 2023
Between
Vincent Onyango Opany
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Vincent Onyango Opany was convicted and sentenced to serve 3 months’ imprisonment as per the committal warrant dated November 13, 2019 vide Winam Senior Resident Magistrate Criminal Case No 712 of 2018 for the offence of malicious damage to property contrary to Section 339(1) as read with sub Section 3(b) of thePenal Code.
2. He now seeks vide his application filed on September 21, 2022, that this court takes into account the period he spent in prison custody during trial.
3. I have perused this file and in my view, unless the applicant is serving another prison term sentence which he has not disclosed, I find no merit in the application filed on September 21, 2022 which is hereby dismissed and the applicant, if still in prison, to be notified.
4. This file is hereby closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF APRIL, 2023R. E. ABURILIJUDGE