[2024] KEHC 11595 (KLR)
The application was dismissed because the applicant failed to provide any court proceedings or judgment to enable the court to establish whether he was on bond or in custody during the trial. Without such evidence, the court could not consider the period spent in custody in the computation of the sentence. The...
Source-derived case information.
- Citation
- [2024] KEHC 11595 (KLR)
- Parties
- Applicant: Evans Omondi Ouma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E178 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pretrial Custody, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Omondi Ouma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody by the applicant should be considered in sentencing.
- 2 Whether sufficient evidence was provided to establish the applicant's custody status during trial.
Ratio Decidendi
The application was dismissed because the applicant failed to provide any court proceedings or judgment to enable the court to establish whether he was on bond or in custody during the trial. Without such evidence, the court could not consider the period spent in custody in the computation of the sentence. The burden was on the applicant to provide sufficient material to support his request, which he failed to do.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
18 paragraphs
Ouma v Republic (Miscellaneous Criminal Application E178 of 2024) [2024] KEHC 11595 (KLR) (26 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11595 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E178 of 2024
RE Aburili, J
September 26, 2024
Between
Evans Omondi Ouma
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict is Evans Omondi Ouma. He was convicted of the offence of Murder vide Kisumu HCCRC No. E005 of 2020 and sentenced to serve 35 years’ imprisonment on 13th June 2024.
2. He now applies that the period spent in custody be considered. He has not annexed any court proceedings and Judgment to enable the court establish whether he was on bond during the trial or not.
3. I find no merit in the application which is hereby dismissed and this file is hereby closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE