[2022] KEHC 1105 (KLR)
The court found that the sentencing judge had already considered the period the applicant spent in custody prior to sentencing, as evidenced by the sentencing remarks. The imposed sentence of 10 years for manslaughter, which carries a maximum of life imprisonment, was deemed lenient and reflective of both mitigation...
Source-derived case information.
- Citation
- [2022] KEHC 1105 (KLR)
- Parties
- Applicant: George Ouoma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E030 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Sentence Reduction Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Application of Section 333 2, Manslaughter Sentencing, Plea Bargaining, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ouoma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous 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 a further reduction of sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the period spent in custody prior to sentencing was already considered by the trial court.
Ratio Decidendi
The court found that the sentencing judge had already considered the period the applicant spent in custody prior to sentencing, as evidenced by the sentencing remarks. The imposed sentence of 10 years for manslaughter, which carries a maximum of life imprisonment, was deemed lenient and reflective of both mitigation and the remand period. Therefore, the application for further reduction under Section 333(2) of the Criminal Procedure Code was without merit, as the statutory requirement had already been satisfied at the time of sentencing.
Court Disposition
application dismissed
Orders
- The application for sentence reduction under Section 333(2) of the Criminal Procedure Code is dismissed.
- File is hereby closed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISC. CRIMINAL APPLICATION NO. E030 OF 2022
CORAM: HON. R.E. ABURILI, J
GEORGE OUMA........APPLICANT
VERSUS
REPUBLIC...............RESPONDENT
(Being an Application arising from conviction and sentence of Siaya in HCCRC No. 14/2015 and originating from Kisumu HC Cr. Misc. Application No. E021/2021)
RULING
1. This matter was initially filed in Kisumu High Court vide Kisumu HCCR Misc. No. E021/2021. However, the same was transferred to this court because the initial trial took place before this court.
2. I have considered the application seeking to reduce sentence under Section 333(2) of the Criminal Procedure Code.
3. I observe that the convict/applicant was charged with the offence of Murder which was reduced to Manslaughter through a Plea Bargaining Agreement whereupon the learned Judge Hon. A. Makau J convicted him and sentence him to serve 10 years imprisonment.
4. In the sentencing remarks contained in the Ruling dated 29th June 2017, the learned Judge took into account the period of 2 years and 2 months that the accused had spent in prison custody.
5. I observe that the punishment for Manslaughter, as provided for in Section 205 of the Penal Code is life imprisonment. The 10 years imprisonment imposed on 29/6/2017 took into account the mitigation and time spent in prison remand.
6. Accordingly, I find this application for application of Section 333(2) of the Criminal Procedure Code not merited as the court already meted out a less severe sentence by imposing a term sentence that is lenient taking into account the period spent in custody.
7. The application for sentence reduction under Section 333(2) of the Criminal Procedure Code is therefore found to be devoid of merit. It is hereby .
8. File is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE