[2024] KEHC 11605 (KLR)
The application was dismissed because the applicant failed to provide documentary evidence or copies of proceedings to confirm that he was in custody during the period claimed. The court held that without such proof, it could not grant the relief sought. The principle that time spent in custody may be considered in...
Source-derived case information.
- Citation
- [2024] KEHC 11605 (KLR)
- Parties
- Applicant: Willis Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E158 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Willis Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody by the applicant pending trial should be considered in sentencing.
Ratio Decidendi
The application was dismissed because the applicant failed to provide documentary evidence or copies of proceedings to confirm that he was in custody during the period claimed. The court held that without such proof, it could not grant the relief sought. The principle that time spent in custody may be considered in sentencing is subject to the requirement that the period is established by evidence on record.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E158 of 2024) [2024] KEHC 11605 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11605 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E158 of 2024
RE Aburili, J
September 26, 2024
Between
Willis Otieno
Applicant
and
Republic
Respondent
((From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Case No. E497 of 2023))
Ruling
1. Willis Otieno was convicted vide Winam SPM Criminal Case No. E497 of 2023 and sentenced to a fine of Kshs.100,000 in default to serve three (3) years imprisonment on 8th September 2023, for the offence of grievous harm contrary to Section 234 of the Penal Code.
2. He applies for consideration of the period spent in custody pending trial from 17th April 2023 date of arrest to 8th September 2023.
3. No copies of proceedings are annexed to enable the court confirm that he was in custody during that period.
4. I find the application not supported. It is hereby dismissed and the file is closed.
Dated, Signed and Delivered at Kisumu this 26th Day of September, 2024**R. E. ABURILIJUDGEPage 1 of 1