[2024] KEHC 10086 (KLR)
The court found that the applicant failed to provide sufficient evidence, such as the warrant of commitment or relevant court proceedings, to support his claim that the remand period was not considered in the computation of his sentence. The court emphasized that it is the duty of the applicant to avail material...
Source-derived case information.
- Citation
- [2024] KEHC 10086 (KLR)
- Parties
- Applicant: Nixon Opiyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E114 of 2024
- Procedural Posture
- Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Computation, Remand Periods, Prison Authority Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nixon Opiyo
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in remand custody should be deducted from the applicant's sentence as ordered by the trial court.
- 2 Whether the applicant provided sufficient evidence to support his claim that the remand period was not considered.
Ratio Decidendi
The court found that the applicant failed to provide sufficient evidence, such as the warrant of commitment or relevant court proceedings, to support his claim that the remand period was not considered in the computation of his sentence. The court emphasized that it is the duty of the applicant to avail material supporting his claim when seeking the court's discretion. In the absence of such evidence, the court found no substance in the application and dismissed it.
Court Disposition
application dismissed
Orders
- The application dated 5/7/2024 is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
21 paragraphs
Opiyo v Republic (Criminal Application E114 of 2024) [2024] KEHC 10086 (KLR) (12 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10086 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E114 of 2024
RE Aburili, J
August 12, 2024
Between
Nixon Opiyo
Applicant
and
Republic
Respondent
Ruling
1. The applicant is a convict for the offence of stealing contrary to section 268 of the penal Code and was sentenced to serve two years imprisonment on 13/5/2024. He claims that he was arrested on 9/12/2023 and that despite the court ordering that the six months spent in remand be taken into account, the prisons had refused to compute the sentence as ordered.
2. If that were to be the case, nothing prevented the applicant convict from annexing the warrant of commitment to prison for this court to establish if indeed there is such an order. Convicted persons who seek discretion of the court must avail to court material which supports their claim.
3. I find no substance in the claim as the applicant could also have annexed court proceedings to that effect for the court to confirm that he was in custody during the trial.
4. The application dated 5//7/2024 is dismissed.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF AUGUST, 2024R.E. ABURILIJUDGE