[2024] KEHC 13864 (KLR)
The application was dismissed because the applicant failed to provide any evidence or court proceedings to demonstrate that he was in custody for 11 months prior to sentencing, or that the trial court failed to consider such period when imposing sentence. Without such evidence, the High Court could not grant the...
Source-derived case information.
- Citation
- [2024] KEHC 13864 (KLR)
- Parties
- Applicant: Brian Ochieng Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E217 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Computation
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Computation, Defilement Offence, Pre Sentence Custody, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brian Ochieng Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Computation
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing considered in the computation of his 10-year imprisonment term.
Ratio Decidendi
The application was dismissed because the applicant failed to provide any evidence or court proceedings to demonstrate that he was in custody for 11 months prior to sentencing, or that the trial court failed to consider such period when imposing sentence. Without such evidence, the High Court could not grant the relief sought. The burden was on the applicant to support his claim with proper documentation, which he failed to do.
Court Disposition
application dismissed
Orders
- The application dated 22nd October 2024 is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
21 paragraphs
Owuor v Republic (Miscellaneous Criminal Application E217 of 2024) [2024] KEHC 13864 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13864 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E217 of 2024
RE Aburili, J
November 7, 2024
Between
Brian Ochieng Owuor
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 49 of 2018)
Ruling
1. The applicant Brian Ochieng Owuor in his application dated 22nd October 2024 prays that his 10 years’ imprisonment be calculated taking into account 11 months spent in custody.
2. He was convicted of the offence of defilement contrary to Section 8(1) (4) of the Sexual Offence Act on 19th September 2019 by Tamu SPM’s Court. He has not annexed any proceedings to inform this court whether he was on bond pending trial or not.
3. I find the application dated 22nd October 2024 is not supported. It is hereby dismissed.
4. Signal to issue.
5. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF NOVEMBER, 2024R. E. ABURILIJUDGE