[2024] KEHC 11830 (KLR)
The court found that the sentencing judge had already considered the period the applicant spent in custody when imposing the sentence of 10 years imprisonment for murder, which was itself lenient compared to the statutory mandatory death sentence. The applicant and her co-accused were not in custody for the entire...
Source-derived case information.
- Citation
- [2024] KEHC 11830 (KLR)
- Parties
- Applicant: Agneta Akoth Atira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E053 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody and Release
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Time Spent in Custody, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agneta Akoth Atira
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody and Release
Legal Issues
- 1 Whether the applicant is entitled to release on account of being reformed.
- 2 Whether Section 333(2) of the Criminal Procedure Code requires further reduction of sentence for time spent in custody.
- 3 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the sentencing judge had already considered the period the applicant spent in custody when imposing the sentence of 10 years imprisonment for murder, which was itself lenient compared to the statutory mandatory death sentence. The applicant and her co-accused were not in custody for the entire trial period, having been released on bond prior to sentencing. The court held that there was no basis for further reduction of sentence or release, and that the application was an abuse of court process as the issue had already been determined. Accordingly, the application was dismissed.
Court Disposition
application dismissed
Orders
- The application filed on 14/6/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Atira v Republic (Criminal Miscellaneous Application E053 of 2024) [2024] KEHC 11830 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11830 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E053 of 2024
RE Aburili, J
September 27, 2024
Between
Agneta Akoth Atira
Applicant
and
Republic
Respondent
Ruling
1. The applicant is Agneta Akoth Atira. She was convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code. she was jointly convicted with one Tom Opiyo Odato vide Siaya HCR Case No. E013 OF 2020. They were each sentenced to serve 10 years imprisonment on 13/6/2022 vide Application No. E139/2022.
2. Tom Opiyo Odato sought for orders for the court to consider the time spent in custody. However, that application was dismissed on 26/10/2022 for reasons that the sentence imposed on 13/6/2022 took into account the period spent in custody during their trial.
3. The applicant in this application dated 14/6/2024 seeks orders that the court should release her because she is reformed and that Section 333 (2) of the Criminal Procedure Code on the time spent in custody be considered.
4. I have considered the application. I find it an abuse of court process and devoid of merit, noting that that the court in its sentencing remarks took into account the period spent in custody and more so, the 10 years imprisonment imposed was too lenient since the mandatory sentence is death.
5. Furthermore, the convicts were not in custody the entire period of their trial. They were released on bond on 15/2/2022.
6. Accordingly, the application filed on 14/6/2024 is dismissed and this file is closed.
7. Signal to issue. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024. R. E. ABURILIJUDGE