Otieno v Republic (Miscellaneous Criminal Application E158 of 2024) [2024] KEHC 11605 (KLR) (26 September 2024) (Ruling) Neutral citation: [2024] KEHC 11605 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E158 OF 2024 RE ABURILI, J SEPTEMBER 26, 2024 BETWEEN WILLIS OTIENO ...................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (From the original conviction and sentence in Winam Senior Principal Magistrate’s Court Criminal Case No. E497 of 2023) RULING 1. Willis Otieno was convicted vide Winam SPM Criminal Case No. E497 of 2023 and sentenced to a fine of Kshs.100,000 in default to serve three (3) years imprisonment on 8th September 2023, for the ofience of grievous harm contrary to Section 234 of the Penal Code. 2. He applies for consideration of the period spent in custody pending trial from 17th April 2023 date of arrest to 8th September 2023. 3. No copies of proceedings are annexed to enable the court confirm that he was in custody during that period. 4. I find the application not supported. It is hereby dismissed and the file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2024 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11605/eng@2024-09-26 1
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