Isiaiah Goro Maloa v Republic [2020] KEHC 17 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL REVISION NO. E019 OF 2020

ISIAIAH GORO MALOA.........................................APPLICANT

VERSUS

REPUBLIC.............................................................RESPONDENT

RULING

1. I have considered the Application by the convict Isaiah Goro Maloa in HCR 8/2019 where he was sentenced to serve 3 years imprisonment following a plea bargain in Murder plea of guilty.  The convict claims that the 3 years imprisonment were to run from the date of arrest yet his committal warrant states that the 3 years of imprisonment are to run from the date of sentence on 28/7/2020.

2. I have perused the trial court record HCR 8 of 2019 and I find that the court’s pronouncement on sentence imposed was that the 3 years imprisonment term is to take into account the period already spend in prison custody.

3. The committal warrant also states that the applicant/convict herein is sentenced to serve 3 years imprisonment, taking into account the period already spent in prison custody.

4. That being the case, I find no reason why the convict is complaining.  I find the pronouncement by this court crystal clear and not capable of any second interpretation or clarification. I dismiss the application by the applicant/convict.

5. File closed.

6. Orders accordingly.

Dated, signed and Delivered at Siaya, this 3rd Day of December, 2020

R.E. ABURILI

JUDGE