[2022] KEHC 10272 (KLR)
The court held that it could not exercise its discretion to review the applicant's sentence under section 333(2) of the Criminal Procedure Code because the applicant failed to provide particulars of the trial and appeal cases. Without access to the relevant records, the court was unable to determine whether the...
Source-derived case information.
- Citation
- [2022] KEHC 10272 (KLR)
- Parties
- Applicant: Wycliffe Alusiola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E016 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- WM Musyoka
- Legal Topics
- Sentence Review, Remand Period Credit, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wycliffe Alusiola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a review of sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the period spent in remand should be considered in determining the applicant's sentence.
- 3 Whether the applicant should be placed on probation.
Ratio Decidendi
The court held that it could not exercise its discretion to review the applicant's sentence under section 333(2) of the Criminal Procedure Code because the applicant failed to provide particulars of the trial and appeal cases. Without access to the relevant records, the court was unable to determine whether the period spent in remand should be credited or whether probation was appropriate. The application was therefore dismissed as improperly conceived.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Alusiola v Republic (Miscellaneous Criminal Application E016 of 2021) [2022] KEHC 10272 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10272 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E016 of 2021
WM Musyoka, J
June 24, 2022
Between
Wycliffe Alusiola
Applicant
and
Republic
Respondent
Ruling
1. The applicant in this matter seeks a review of sentence under section 333(2) of the Criminal Procedure Code, Cap 75, Laws of Kenya, and prays to be placed on probation. He would like the time he spent in remand be reckoned in determining his final sentence.
2. I will not be able to exercise discretion under section 333(2) of the Criminal Procedure Code, unless I have sight of the trial records, and the appeal records from the High Court, yet the applicant has not disclosed any particulars of the two cases.
3. Consequently, the application before me is not properly conceived, for those reasons, and I hereby dismiss the same.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24thDAY OF June 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Wycliffe Alusiola, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.