[2023] KEHC 2989 (KLR)
The application for sentence recalculation was dismissed because the applicant failed to provide evidence of the date of arrest or any supporting documentation from the lower court proceedings or charge sheet. Without such evidence, the court could not determine whether the period spent in custody should be factored...
Source-derived case information.
- Citation
- [2023] KEHC 2989 (KLR)
- Parties
- Applicant: Reuben Kipkoech Tanui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E103 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Calculation, Time Spent in Custody, Sexual Offences, Attempted Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kipkoech Tanui
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 the computation of his sentence for attempted defilement.
- 2 Whether the application is supported by sufficient evidence to warrant recalculation of the sentence.
Ratio Decidendi
The application for sentence recalculation was dismissed because the applicant failed to provide evidence of the date of arrest or any supporting documentation from the lower court proceedings or charge sheet. Without such evidence, the court could not determine whether the period spent in custody should be factored into the sentence. The court emphasized that it is the applicant's responsibility to support such applications with adequate documentation. Consequently, the court found the application unsupported and dismissed it, closing the file.
Court Disposition
application dismissed
Orders
- The application for sentence recalculation is dismissed.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Tanui v Republic (Miscellaneous Criminal Application E103 of 2022) [2023] KEHC 2989 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2989 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E103 of 2022
RE Aburili, J
March 27, 2023
Between
Reuben Kipkoech Tanui
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict herein Reuben Kipkoech Tanui applies for sentence calculation taking into account the period spent in custody upon being convicted of the offence of attempted defilement contrary to Section 9(2) of the Sexual Offences Act and sentenced to serve ten (10) years imprisonment by Tamu Court in Sexual Offences Case No 33 of 2018.
2. I have perused the application and the warrant of commitment for sentence of imprisonment dated 6th February 2019. The sentence of ten (10) years imposed does not state from what period.
3. Unfortunately, the Convict does not disclose the date of his arrest and he never attached the proceedings from the lower court or charge sheet to confirm date of arrest or if he was not released on bond pending trial.
4. I find this application unsupported. It is hereby dismissed. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF MARCH, 2023R. E. ABURILIJUDGE