[2022] KEHC 1260 (KLR)
The court found that the applicant had already benefitted from a resentencing exercise in which the mandatory minimum sentence was reduced from 20 years to 15 years imprisonment, with the sentence expressly ordered to run from the date of the original sentencing in the lower court. The court held that this...
Source-derived case information.
- Citation
- [2022] KEHC 1260 (KLR)
- Parties
- Applicant: Evans Ouma Oketch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E034 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Application of Section 333 2 Cpc, Resentencing, Defilement Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Ouma Oketch
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to further reduction of sentence by application of Section 333(2) of the Criminal Procedure Code to account for time spent in remand custody.
- 2 Whether the resentencing already considered the period spent in remand custody.
Ratio Decidendi
The court found that the applicant had already benefitted from a resentencing exercise in which the mandatory minimum sentence was reduced from 20 years to 15 years imprisonment, with the sentence expressly ordered to run from the date of the original sentencing in the lower court. The court held that this resentencing had already taken into account the period spent in remand custody as required by Section 333(2) of the Criminal Procedure Code. Consequently, there was no merit in the applicant's request for a further reduction of sentence, and the application was dismissed.
Court Disposition
application dismissed
Orders
- The application for further reduction of sentence is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E034 OF 2022
EVANS OUMA OKETCH......................................................................................APPLICANT
VERSUS
REPUBLIC...........................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court at Siaya in
HCCRA No. 63 of 2017 AND originally from Bondo Magistrates’ Court
in Cr. Case No. 921/2016)
RULING
1. I have considered the application by the convict/applicant seeking that the court applies Section 333(2) of the Criminal Procedure Code in the sentence imposed to take into account the period spent in remand custody during his trial. On 18/2/2020, this court vide HCRA 63/2017 resentenced the appellant to serve 15 years imprisonment to be calculated from 5/7/2017 the date of sentencing in the lower court. I reduced the mandatory minimum sentence of 20 years to 15 years imprisonment which is the least severe sentence and which was by exercise of discretion, applying the Francis Muruatetu Vs Republic [2017] eKLR decision before the 2021 directions were given in the Muruatetu II case.
2. That being the case, and the applicant having benefitted from the least severe sentence in such a serious case of defilement, I find no merit in his application for further reduction of the sentence. I decline the application and dismiss it.
3. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF MARCH, 2022
R.E. ABURILI
JUDGE