[2023] KEHC 22233 (KLR)
The court found that the uncertified and incomplete lower court proceedings did not indicate the sentence passed against the applicant for the offence of incest, making it impossible to review the sentence. Furthermore, the court noted that the applicant was released on bond two days after arraignment and therefore...
Source-derived case information.
- Citation
- [2023] KEHC 22233 (KLR)
- Parties
- Applicant: Laban Karume Chiringa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E137 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- A. Ong’injo
- Legal Topics
- Incest Offence, Sentence Review, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Karume Chiringa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
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 incomplete lower court proceedings permit a review of the sentence.
Ratio Decidendi
The court found that the uncertified and incomplete lower court proceedings did not indicate the sentence passed against the applicant for the offence of incest, making it impossible to review the sentence. Furthermore, the court noted that the applicant was released on bond two days after arraignment and therefore was not entitled to consideration under section 333(2) of the Criminal Procedure Code. As a result, the application for review was dismissed.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
Chiringa v Republic (Miscellaneous Criminal Application E137 of 2022) [2023] KEHC 22233 (KLR) (4 August 2023) (Ruling)
Neutral citation: [2023] KEHC 22233 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E137 of 2022
A. Ong’injo, J
August 4, 2023
Between
Laban Karume Chiringa
Applicant
and
Republic
Respondent
Ruling
1. The uncertified copy of the proceedings of the lower court are incomplete and it does not show the kind of sentence passed against the applicant for the offence of incest. It is therefore not possible to review the same.
2. However, it is noted that 2 days after he was arraigned in court, he was released on bond and he is not entitled to be considered under section 333(2) of the Criminal Procedure Code.
3. Application is dismissed.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 4TH DAY OF AUGUST 2023. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE