[2022] KEHC 10269 (KLR)
The court held that while the applicant's request for review of sentence under section 333(2) of the Criminal Procedure Code is arguable and merits consideration, it cannot be determined without access to the trial records and the appeal records from the High Court and the Court of Appeal. The court therefore...
Source-derived case information.
- Citation
- [2022] KEHC 10269 (KLR)
- Parties
- Applicant: Richard Din; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E049 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- Interim orders issued; substantive determination deferred pending production of trial and appeal records.
- Judges
- WM Musyoka
- Legal Topics
- Sentence Review, Remand Period Credit, Defilement Offence, Probation Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Din
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand deducted from his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant should be placed on probation instead of serving the custodial sentence.
Ratio Decidendi
The court held that while the applicant's request for review of sentence under section 333(2) of the Criminal Procedure Code is arguable and merits consideration, it cannot be determined without access to the trial records and the appeal records from the High Court and the Court of Appeal. The court therefore directed the Deputy Registrar to call for the relevant records before making a substantive determination on the application. The issue of whether the applicant should be placed on probation or have the remand period credited to his sentence will be considered once the records are availed.
Court Disposition
Interim orders issued; substantive determination deferred pending production of trial and appeal records.
Orders
- Deputy Registrar to call for the trial records in Butali Pmcrcc No. 698 of 2011 and the judgment in Kakamega Hccra No. 146 of 2012.
- Matter to be mentioned on 29th July 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Din v Republic (Miscellaneous Criminal Application E049 of 2021) [2022] KEHC 10269 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10269 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E049 of 2021
WM Musyoka, J
June 24, 2022
Between
Richard Din
Applicant
and
Republic
Respondent
Ruling
1. The applicant in this matter seeks a review of sentence under section 333(2) of the Criminal Procedure Code, Cap 75, Laws of Kenya, and prays to be placed on probation. He would like the time he spent in remand to be reckoned in determining his final sentence.
2. He avers that the trial court had sentenced him to fifteen years imprisonment for defilement, contrary to section 8(2) of the Sexual Offences Act, No. 3 of 2006, Laws of Kenya.
3. The applicant has an arguable case. It merits consideration, but I will not be able to exercise discretion under section 333(2) of the Criminal Procedure Code, unless I have sight of the trial records, and the appeal records from the High Court and the Court of appeal.
4. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Butali Pmcrcc No. 698 of 2011, and the judgment in Kakamega HccraNo. 146 of 2012.
5. The matter shall be mentioned on 29th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24th DAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Richard Din, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.