Otieno v Republic [2024] KEHC 11203 (KLR)

Otieno v Republic (Criminal Revision E140 of 2024) [2024] KEHC 11203 (KLR) (24 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11203 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E140 of 2024

RE Aburili, J

September 24, 2024

Between

Vincent Ochieng Otieno

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Tamu Senior Principal Magistrate Criminal Case No. 224 of 2018)

Ruling

1. The Applicant Vincent Ochieng Otieno is a convict vide Tamu SPM Criminal Case No. 224 of 2018. He was sentenced to serve three (3) years imprisonment on 20th August 2018 for the offence of abduction.

2. In a different case before the same court, he was sentenced to serve 10 years’ imprisonment on 8th August 2018 for the offence of rape contrary to Section 3(1) of the Sexual Offences Act vide Sexual Offences Case No. 10 of 2018.

3. He now seeks that the period served in remand custody be considered.

4. I have considered the application. There is no evidence availed on the period spent in remand custody prior to the two convictions and sentences.

5. I find the application to be devoid of any material. It is dismissed. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE