[2024] KEHC 4991 (KLR)
The court found that the applicant's request for his sentence to commence from the date of arrest had already been addressed and granted in the prior High Court Criminal Appeal No. E058 of 2021, where the period spent in custody was considered. The applicant was on bond during trial, and his attempt to relitigate...
Source-derived case information.
- Citation
- [2024] KEHC 4991 (KLR)
- Parties
- Applicant: Raphael Wanyonyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E057 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Commencement Date
- Outcome
- application dismissed as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Defilement, Sentencing, Commencement of Sentence, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Wanyonyi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Commencement Date
Legal Issues
- 1 Whether the applicant's sentence should commence from the date of arrest.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant's request for his sentence to commence from the date of arrest had already been addressed and granted in the prior High Court Criminal Appeal No. E058 of 2021, where the period spent in custody was considered. The applicant was on bond during trial, and his attempt to relitigate the issue was deemed a deliberate misrepresentation and an abuse of the court process. The court emphasized that it would not entertain repeated applications on matters already conclusively determined, and accordingly dismissed the application.
Court Disposition
application dismissed as abuse of court process
Orders
- The application is dismissed.
- Signal to issue.
Full Case Text
Judgment text and source record
26 paragraphs
Wanyonyi v Republic (Miscellaneous Criminal Application E057 of 2024) [2024] KEHC 4991 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4991 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E057 of 2024
RE Aburili, J
May 9, 2024
Between
Raphael Wanyonyi
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Sexual Offences Case No. 50 of 2018 at Nyando)
Ruling
1. The Applicant is Raphael Wanyonyi. He was convicted vide Nyando SPM Sexual Offences Case No. 50 of 2018 with the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act on 10th December 2021.
2. He appealed vide Kisumu HCCRA No. E058 of 2021 which appeal was determined on 12th June 2023.
3. The court dismissed his appeal against conviction but allowed the appeal against sentence. It reduced the 20 years imprisonment to 15 years imprisonment and ordered that the 3 days he was in custody before being released on bond pending trial be taken into account.
4. The Applicant/Convict has again come back to court vide his application dated 18th April 2024 seeking that the court considers his sentence to commence from date of arrest.
5. That is exactly what the judgment in HCCRA No. E058 of 2021 pronounced and the order is annexed to his affidavit.
6. In the Criminal Appeal, the court read the charge sheet and confirmed date of his arrest, being taken to court for plea and his release on bond.
7. The convict herein wants to hood wink this court into believing that he was not on bond during trial which is a white lie as I personally heard and determined his appeal on merit.
8. This application is an abuse of court process and is hereby dismissed.
9. Signal to issue.
10. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILI................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR