[2024] KEHC 553 (KLR)
The application was dismissed because the applicant failed to annex any court proceedings or supporting documents to substantiate his claim that he spent one year in custody prior to sentencing. The court held that without such evidence, it could not consider the application on its merits. The applicant was advised...
Source-derived case information.
- Citation
- [2024] KEHC 553 (KLR)
- Parties
- Applicant: Charles Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E089 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Application Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Odhiambo Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered in reduction of the sentence imposed.
- 2 Whether the application is supported by sufficient documentary evidence to warrant consideration on merit.
Ratio Decidendi
The application was dismissed because the applicant failed to annex any court proceedings or supporting documents to substantiate his claim that he spent one year in custody prior to sentencing. The court held that without such evidence, it could not consider the application on its merits. The applicant was advised that he may file a fresh application with the necessary supporting documents for the court's consideration.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of supporting documents.
- The applicant may file a fresh application with annexed court proceedings.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E089 of 2023) [2024] KEHC 553 (KLR) (26 January 2024) (Ruling)
Neutral citation: [2024] KEHC 553 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E089 of 2023
RE Aburili, J
January 26, 2024
Between
Charles Odhiambo Otieno
Applicant
and
Republic
Respondent
(Arising from the original conviction and sentence in Senior Principal Magistrate Criminal Case No. 603 of 2021 at Tamu)
Ruling
1. The Applicant Convict is Charles Odhiambo Otieno. He applies that this court do consider the period he spent in custody prior to sentencing him to serve three (3) years imprisonment for the offence of Breaking into a building and stealing, vide Tamu SPM Criminal Case No. 603 OF 2021.
2. However, he has not annexed any court proceedings to support the allegations that he was in prison custody for one (1) year prior to the sentencing.
3. Accordingly, I find the application devoid of any supporting documents for consideration on merit. It is hereby dismissed.
4. The Applicant can file a fresh application, annexing court proceedings for this court to appreciate whether he was released on bond or not, during the trial.
5. Signal to issue. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024R. E. ABURILIJUDGE