[2021] KEHC 1691 (KLR)
The court declined to grant the orders sought by the applicant because he failed to attach any proceedings or material evidence to support his claim that the period spent in remand custody was not considered by the trial court. Without such material before the court, it could not determine whether the applicant was...
Source-derived case information.
- Citation
- [2021] KEHC 1691 (KLR)
- Parties
- Applicant: Dickson Namiti Masibo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E107 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Remand Period, Sexual Offences, Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dickson Namiti Masibo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent in remand custody by the applicant should be considered in sentencing as per Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court declined to grant the orders sought by the applicant because he failed to attach any proceedings or material evidence to support his claim that the period spent in remand custody was not considered by the trial court. Without such material before the court, it could not determine whether the applicant was entitled to have the remand period considered under Section 333(2) of the Criminal Procedure Code. The application was therefore dismissed for want of supporting material.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of material before the court.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E107 OF 2021
CORAM: R.E. ABURILI, J
DICKSON NAMITI MASIBO................................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the
Principal Magistrate’s court at Siaya in Criminal Case No. 599 of 2015)
RULING
1. The applicant is serving 10 years imprisonment upon being convicted for the offence of rape contrary to Section 3(1) of the Sexual Offences Act. He claims that he was in remand for 10 months, which period was not considered by the trial court.
2. He has however not attached any proceedings to this application to inform this court of the position and whether this court can consider the period spend in custody as stipulated in Section 333(2) of the Criminal Procedure Code.
3. For want of material before this court, I decline to grant the orders sought. The application is dismissed.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE