[2023] KEHC 2794 (KLR)
The application was dismissed because the applicant failed to provide sufficient material or evidence to establish the period spent in custody or whether he was released on bond pending trial. The court held that without such disclosures and supporting documentation, it could not consider the request to factor in...
Source-derived case information.
- Citation
- [2023] KEHC 2794 (KLR)
- Parties
- Applicant: Patrick Owino Oweke; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E088 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Owino Oweke
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the period of three years spent in custody should be considered in computing the applicant's ten-year imprisonment sentence for manslaughter.
- 2 Whether the application contains sufficient material for the court to determine if the applicant was in custody pending trial.
Ratio Decidendi
The application was dismissed because the applicant failed to provide sufficient material or evidence to establish the period spent in custody or whether he was released on bond pending trial. The court held that without such disclosures and supporting documentation, it could not consider the request to factor in time spent in custody under Section 333(2) of the Criminal Procedure Code. The applicant was advised to file a fresh application with full disclosures and material for consideration on merit.
Court Disposition
application dismissed
Orders
- The application is dismissed for lack of material for consideration.
- The convict may file a fresh application with full disclosures and material for consideration on merit.
Full Case Text
Judgment text and source record
23 paragraphs
Oweke v Republic (Miscellaneous Criminal Application E088 of 2022) [2023] KEHC 2794 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2794 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E088 of 2022
RE Aburili, J
March 24, 2023
Between
Patrick Owino Oweke
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein Patrick Owino Oweke by his application filed on August 24, 2022 seeks for orders that the court does consider the period of three (3) years spent in custody in computing the ten (10) years imprisonment sentence imposed on him on June 9, 2022 for the offence of Manslaughter in High Court Criminal Case No 05 of 2019.
2. The application is pursuant to the provisions of Section 333(2) of the Criminal Procedure Code.
3. I have considered the application. The Applicant does not disclose when he was arrested and no court proceedings are annexed for this court to establish whether the Applicant/Convict was released on bond pending trial.
4. I find the application devoid of material for consideration. It is hereby dismissed.
5. The convict can file a fresh application with full disclosures and material for consideration on merit.
6. Order/signal to issue.
7. File closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R E ABURILIJUDGE