[2022] KEHC 14086 (KLR)
The court found that the applicant's period in remand custody had already been considered during the resentencing process in Petition No E003 of 2022, which resulted in an order for his immediate release after serving over 18 years in prison. Therefore, the present application for further consideration under section...
Source-derived case information.
- Citation
- [2022] KEHC 14086 (KLR)
- Parties
- Applicant: Joseph Onyango Awuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E028 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Robbery With Violence, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Onyango Awuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to further consideration under section 333(2) of the Criminal Procedure Code after resentencing has already been granted and period in custody considered.
- 2 Whether the application is merited given the prior resentencing and release order.
Ratio Decidendi
The court found that the applicant's period in remand custody had already been considered during the resentencing process in Petition No E003 of 2022, which resulted in an order for his immediate release after serving over 18 years in prison. Therefore, the present application for further consideration under section 333(2) was unnecessary and unmerited. The court emphasized that the applicant should have combined the request for section 333(2) consideration with the resentencing petition, rather than filing separate causes. As the relief sought had already been granted, the application was dismissed and the file ordered closed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed for archiving.
Full Case Text
Judgment text and source record
21 paragraphs
Awuor v Republic (Miscellaneous Criminal Application E028 of 2022) [2022] KEHC 14086 (KLR) (20 September 2022) (Ruling)
Neutral citation: [2022] KEHC 14086 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E028 of 2022
RE Aburili, J
September 20, 2022
Between
Joseph Onyango Awuor
Applicant
and
Republic
Respondent
(Nyando Senior Resident Magistrate’s Court Criminal Case No 736 of 2005)
Ruling
1. The applicant was convicted and sentenced to suffer death by hanging vide Nyando Senior Resident Magistrate’s Court Criminal Case No 736 of 2005 for the offence of robbery with violence. All his appeals to the High Court and Court of Appeal were dismissed.
2. He has also petitioned vide High Court Petition No E003 of 2022 for resentencing which petition this court has allowed this morning and ordered for his release forthwith as he has served over 18 years in prison.
3. For the above reasons, and the court having already considered the period that the applicant herein has spent in remand custody prior to his conviction in resentencing him, I find this application not being necessary. In my view, the applicant should have combined this application on the prayer for consideration of section 333(2) with the petition for resentencing and not to file two separate causes. I find this application not merited. It is dismissed and the file is hereby closed for archiving.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF SEPTEMBER 2022R. E. ABURILIJUDGE