Obinde v Republic [2024] KEHC 10054 (KLR)

Obinde v Republic (Criminal Application E106 of 2024) [2024] KEHC 10054 (KLR) (14 August 2024) (Ruling)

Neutral citation: [2024] KEHC 10054 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Application E106 of 2024

RE Aburili, J

August 14, 2024

Between

Jared Oundo Obinde

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Kisumu CM Criminal Case No. 343 of 2019)

Ruling

1. The applicant is a convict of the offence of forgery contrary to section 350 of the Penal Code. He states in his application subject of this ruling that he was sentenced to serve two years imprisonment. He claims that he was in custody for one year and two months prior to being sentenced hence he prays for consideration of the period spent in custody as stipulated in section 333(2) of the Criminal Procedure Code. He claims that he was arrested on 28/3/2019 and bonded on 28/5/2020 and that the trial court did not take into account the period spent in custody.

2. Regrettably, the convict applicant has not annexed to the application any court proceedings from the trial court for this court to verify the facts deposed and therefore there is no material upon which this court can review the sentence under section 333(2) of the criminal procedure Code. The applicati0n is declined and dismissed.

3. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 14THDAY OF AUGUST, 2024R.E. ABURILIJUDGE