Ogonda v Republic [2023] KEHC 19013 (KLR)

Ogonda v Republic (Miscellaneous Criminal Application E027 of 2023) [2023] KEHC 19013 (KLR) (19 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19013 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E027 of 2023

RE Aburili, J

June 19, 2023

Between

David Ochieng Ogonda

Applicant

and

Republic

Respondent

Ruling

1. The Convict/Applicant herein applies to this court to consider the period he spent in custody during trial and upon being sentenced on March 21, 2023.

2. He claims that he was arrested on November 11, 2017 yet the sentence pronounced was to run from March 21, 2023, by the convicting Judge in Kisumu HCCR No 01 of 2018.

3. However, the Applicant has not annexed any charge sheet or court proceedings to show the date of arrest or whether he was released on bond pending trial or not.

4. The application cannot be allowed in the absence of material to support the prayer sought. I decline the application on my own motion and dismiss it.

5. This file is hereby closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE