Case ID:217533

Ochieng v Republic (Miscellaneous Criminal Application E076 of 2022) [2023] KEHC 3155 (KLR) (12 April 2023) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E076 of 2022

Parties:

Ochieng v Republic

Date Delivered:

12 Apr 2023

Case Class:

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Ochieng v Republic (Miscellaneous Criminal Application E076 of 2022) [2023] KEHC 3155 (KLR) (12 April 2023) (Ruling)

Court Division:

Criminal

County:

Kisumu

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Ochieng v Republic (Miscellaneous Criminal Application E076 of 2022) [2023] KEHC 3155 (KLR) (12 April 2023) (Ruling)

Neutral citation:

[2023] KEHC 3155 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E076 of 2022

RE Aburili, J

April 12, 2023

Between

Isaac Hassan Ochieng

Applicant

and

Republic

Respondent

Ruling

1.

The applicant/convict is Isaac Hassan Ochieng and by his application dated July 7, 2022 filed in court on the same day, he seeks for orders that the eleven (11) months that he spent in custody from September 26, 2019 to August 25, 2020 be considered as part of the sentence served in criminal case number 810 of 2019 at Winam Senior Principal Magistrate’s Court.

2.

The application is supported by his affidavit sworn on July 7, 2020 wherein he deposes that on August 25, 2020 he was convicted and sentenced to serve six (6) years for the offence of robbery with violence contrary to section 296(2) of the

Penal Code

and that during the trial, he was in custody.

3.

I have considered the application which is not supported by any proceedings from the trial court.

4.

I observe that most convicts have been lying to this court through these kind of applications even where the court record shows that they were on bond during trial. In other instances, they were resentenced but they lie to court to exercise discretion twice. To avert such situations, and in serious cases as this one, it is proper that the court is furnished with court proceedings to verify the allegation that convicts were in custody pending trial especially where the period they allege was spent in custody is long as is the case here.

5.

In the premises, I find this application not supported. It is hereby dismissed.

6.

The convict can file a fresh application accompanied by full proceedings from the trial court.

7.

Prisons to be notified by signal.

8.

I so order. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 12

TH

DAY OF APRIL, 2023

R. E. ABURILI

JUDGE