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, 2024 R. E. ABURILI ................................ https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/555/eng@2024-01-26 1
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JUDGE I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/555/eng@2024-01-26 2
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