Owuor v Republic [2024] KEHC 13864 (KLR)

Owuor v Republic (Miscellaneous Criminal Application E217 of 2024) [2024] KEHC 13864 (KLR) (7 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13864 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E217 of 2024

RE Aburili, J

November 7, 2024

Between

Brian Ochieng Owuor

Applicant

and

Republic

Respondent

(From the original conviction and sentence in Tamu Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 49 of 2018)

Ruling

1. The applicant Brian Ochieng Owuor in his application dated 22nd October 2024 prays that his 10 years’ imprisonment be calculated taking into account 11 months spent in custody.

2. He was convicted of the offence of defilement contrary to Section 8(1) (4) of the Sexual Offence Act on 19th September 2019 by Tamu SPM’s Court. He has not annexed any proceedings to inform this court whether he was on bond pending trial or not.

3. I find the application dated 22nd October 2024 is not supported. It is hereby dismissed.

4. Signal to issue.

5. File is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF NOVEMBER, 2024R. E. ABURILIJUDGE