[2023] KEHC 22235 (KLR)
The court found that the applicant's request for further relief under section 333(2) of the Criminal Procedure Code was without merit because the issue had already been conclusively addressed during the appeal. The appellate court had ordered that the applicant's sentence would run from the date of arraignment,...
Source-derived case information.
- Citation
- [2023] KEHC 22235 (KLR)
- Parties
- Applicant: Richard Nyakundi Bonkoko; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E161 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Post Conviction Application
- Outcome
- application dismissed
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Principles, Defilement, Section 333 2 Criminal Procedure Code, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Nyakundi Bonkoko
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Post Conviction Application
Legal Issues
- 1 Whether the applicant is entitled to further relief under section 333(2) of the Criminal Procedure Code regarding the computation of his sentence.
- 2 Whether the applicant's request for release to care for the complainant's child born as a result of the offence has any legal merit.
Ratio Decidendi
The court found that the applicant's request for further relief under section 333(2) of the Criminal Procedure Code was without merit because the issue had already been conclusively addressed during the appeal. The appellate court had ordered that the applicant's sentence would run from the date of arraignment, thereby crediting him for time spent in custody. The court also found the applicant's argument that he should be released to care for the complainant's child, who was born as a result of the offence, to be sarcastic and despicable, and not a valid ground for release. Accordingly, the application was disallowed.
Court Disposition
application dismissed
Orders
- The application is disallowed.
Full Case Text
Judgment text and source record
21 paragraphs
Bonkoko v Republic (Miscellaneous Criminal Application E161 of 2022) [2023] KEHC 22235 (KLR) (4 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22235 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E161 of 2022
A. Ong’injo, J
August 4, 2023
Between
Richard Nyakundi Bonkoko
Applicant
and
Republic
Respondent
Ruling
1. The applicant was sentenced to serve 20 years jail term for preying on a 13 year old girl and impregnating her (Shanzu Criminal Case No. 32 of 2019).
2. In Mombasa H. C. Criminal Appeal No. 52 of 2018, the judge said she could not interfere with the sentence as the trial magistrate exercised his discretion.
3. The reason for meting out 20 years was so that people who prey on young girls are kept away from them and that the applicant was such a person.
4. Telling the court he wants to be released to go and take care of the complainant’s child born because of defilement is sarcastic and despicable.
5. His application for right under section 333 (2) of the Criminal Procedure Code was already handled in the appeal where it was ordered that his sentence would run from March 13, 2017 when he was arraigned in court. That would mean he serves 2/3 of the sentence whereas the other 1/3 is remittable.
6. Application disallowed.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 4TH DAY OF AUGUST 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE