[2023] KEHC 26995 (KLR)
The court found that the application for revision of sentence, specifically for consideration of time spent in custody under section 333(2) of the Criminal Procedure Code, was not urgent. The court directed administrative steps to facilitate the hearing of the application, including availing the relevant court...
Source-derived case information.
- Citation
- [2023] KEHC 26995 (KLR)
- Parties
- Applicant: Alex Achuti; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 101 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Preliminary Application for Revision
- Outcome
- Preliminary directions issued; no substantive determination on the merits of the application at this stage.
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Time Spent in Custody, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alex Achuti
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Preliminary Application for Revision
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence to consider time spent in custody under section 333(2) of the Criminal Procedure Code.
- 2 Whether the application is urgent and the appropriate procedural steps to be taken.
Ratio Decidendi
The court found that the application for revision of sentence, specifically for consideration of time spent in custody under section 333(2) of the Criminal Procedure Code, was not urgent. The court directed administrative steps to facilitate the hearing of the application, including availing the relevant court files, service of the application on the respondent, and timelines for response. No substantive determination on the merits of the application was made at this stage.
Court Disposition
Preliminary directions issued; no substantive determination on the merits of the application at this stage.
Orders
- The application is not certified urgent.
- The deputy registrar is directed to avail the lower court and High Court files untyped within 60 days from the date hereof.
Full Case Text
Judgment text and source record
16 paragraphs
Achuti v Republic (Criminal Revision 101 of 2023) [2023] KEHC 26995 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26995 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 101 of 2023
DR Kavedza, J
December 19, 2023
Between
Alex Achuti
Applicant
and
Republic
Respondent
Ruling
1. The applicant filed the undated application seeking a revision of the sentence delivered at Kibera Chief Magistrate’s Court Sexual Offences Case no 5 of 2014 and Nairobi High Court Criminal Appeal no 54 of 2020. The applicant is seeking for a consideration of the time spent in custody under the provisions of section 333 (2) of the Criminal Procedure Code. Having considered the application, I hereby make the following orders:i.The application is not certified urgent.ii.The deputy registrar is directed to avail the lower court and High Court files untyped within 60 days from the date hereof.iii.The applicant is directed to serve the respondent within 7 days from the date hereof.iv.Upon service, the respondent is directed to file a response within 14 days.v.The matter shall be mentioned on March 14, 2024 for directions.Notices shall issue accordingly.
RULING DATED AND DELIVERED IN THE ABSENCE OF THE PARTIES THIS 19TH DAY OF DECEMBER 2023. ............................D. KAVEDZAJUDGE