Dero v Republic [2024] KEHC 4990 (KLR)

Dero v Republic (Miscellaneous Criminal Application E063 of 2024) [2024] KEHC 4990 (KLR) (9 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4990 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E063 of 2024

RE Aburili, J

May 9, 2024

Between

George Ochieng Dero

Applicant

and

Republic

Respondent

(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Case No. E226 of 2022 at Nyando)

Ruling

1. The Applicant George Ochieng Dero in his application dated 4th February 2024 prays that the period of 7 months from April 2022 to 2nd November 2022 spent in remand custody be considered as part of the sentence served in Nyando SPM Criminal Case No. E226 of 2022, where he was convicted and sentenced to serve 4 years’ imprisonment for the offence of stock theft.

2. He has not annexed any court proceedings and judgment for this court to verify whether he was on bond or in custody during the trial.

3. I find the application not supported by material to warrant the prayer sought. The application is dismissed.

4. Ruling to be served on the Applicant.

5. Signal to issue.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE