[2022] KEHC 1114 (KLR)
The High Court had already resentenced the applicant from life imprisonment to 30 years' imprisonment and expressly ordered that the sentence be calculated from the date of arrest, thereby taking into account the period spent in custody. The court found that it had exhausted its jurisdiction on the matter of...
Source-derived case information.
- Citation
- [2022] KEHC 1114 (KLR)
- Parties
- Applicant: Daniel Otieno Oloo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E033 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Consider Period Spent in Custody in Sentence Calculation
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Otieno Oloo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Consider Period Spent in Custody in Sentence Calculation
Legal Issues
- 1 Whether the applicant's sentence should further take into account the period spent in custody pending trial.
- 2 Whether the High Court has jurisdiction to revisit sentencing after having already resentenced the applicant and considered time served.
Ratio Decidendi
The High Court had already resentenced the applicant from life imprisonment to 30 years' imprisonment and expressly ordered that the sentence be calculated from the date of arrest, thereby taking into account the period spent in custody. The court found that it had exhausted its jurisdiction on the matter of sentencing and could not revisit or alter the sentence further. As such, the application seeking further consideration of time spent in custody was without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed as devoid of merit.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E033 OF 2022
CORAM: HON. R.E. ABURILI, J
DANIEL OTIENO OLOO.....................................................................................APPLICANT
VERSUS
REPUBLIC.........................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court at Siaya
in HCCRA No. 44A of 2018 AND originally from Siaya Magistrates’ Court
in Cr. Case No. 3/2018)
RULING
1. I have considered the application that the applicant’s sentence to take into account the period spent in custody.
2. I observe that the applicant is a convict in Siaya PM Cr. Case No. 3/2018 wherein he was convicted and sentenced to serve life imprisonment by Hon. James Ong’ondo, PM on 24/8/2018.
3. He appealed before this court vide HCRA 44A of 2018 which appeal against conviction was dismissed on 6/10/2020.
4. The Judgment on appeal on sentence is clear that the sentence was reduced to 30 years’ imprisonment from the indefinite life imprisonment, and the term sentence was to be calculated from 31/12/2017 the date of arrest of the appellant.
5. That being the case, it is clear that this court has exhausted its jurisdiction on matters sentence, having resentenced him to a lesser severe sentence and taken into account the period served in remand custody pending trial. The court cannot revisit a matter it conclusively handled.
6. Accordingly, this application is found to be devoid of merit. It is hereby dismissed.
7. File closed.
Dated, signed and Delivered at Siaya this 23rd Day of March, 2022
R.E. ABURILI
JUDGE