Madiori v Republic [2024] KEHC 555 (KLR)

Madiori v Republic (Miscellaneous Criminal Application E087 of 2023) [2024] KEHC 555 (KLR) (26 January 2024) (Ruling)

Neutral citation: [2024] KEHC 555 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E087 of 2023

RE Aburili, J

January 26, 2024

Between

Brayand Madiori

Applicant

and

Republic

Respondent

(Arising from the original conviction and sentence in High Court Criminal Case No. 05 of 2018 at Kisumu)

Ruling

1. I have considered the application by the convict Brayand Madiori dated and filed on 22nd December 2023. The Applicant seeks for orders that the 4 years and 5 months and 17 days spent in custody before being sentenced to 8 years’ imprisonment in Kisumu High Court Criminal Case No. 05 of 2018 be considered in sentencing.

2. However, there are no copies of proceedings and judgment annexed yet the Applicant/Convict claims that he appealed vide Kisumu HCCRA No. 270 of 2018.

3. I am unable to consider the application which is not supported by any material.

4. Application is dismissed but the applicant can file a fresh application which is supported by evidence of when he was arrested and sentenced.

5. Signal to issue. File closed. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF JANUARY, 2024R. E. ABURILI................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR