[2022] KEHC 852 (KLR)
The court found that the applicant had already benefited from the application of Section 333(2) of the Criminal Procedure Code when, upon withdrawal of his appeal, the High Court reduced his sentence from 15 years to 8 years imprisonment and ordered that the sentence be calculated from the date of his arrest and...
Source-derived case information.
- Citation
- [2022] KEHC 852 (KLR)
- Parties
- Applicant: Geoffrey Odhiambo Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E036 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Sentence Reconsideration
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Reduction, Remand Period Credit, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Odhiambo Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Sentence Reconsideration
Legal Issues
- 1 Whether the applicant is entitled to further consideration of his sentence under Section 333(2) of the Criminal Procedure Code after already benefiting from its application.
- 2 Whether the current application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had already benefited from the application of Section 333(2) of the Criminal Procedure Code when, upon withdrawal of his appeal, the High Court reduced his sentence from 15 years to 8 years imprisonment and ordered that the sentence be calculated from the date of his arrest and confinement in custody. Therefore, the present application seeking further consideration of the sentence under the same provision was without merit and constituted an abuse of the court process. The court accordingly dismissed the application and closed the file.
Court Disposition
application dismissed
Orders
- The application filed on 28/3/2022 is declined and dismissed.
- 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. E036 OF 2022
CORAM: HON. R.E. ABURILI, J
GREGORY GORO ACHOLA.......................................................................................APPLICANT
VERSUS
REPUBLIC................................................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of Siaya in
HCCRA No. 74/2019 AND the Principal Magistrate’s Court at Bondo
in Criminal Case No. 1163 of 2018)
RULING
1. The applicant herein is Geoffrey Odhiambo Odhiambo. He seeks for consideration of his sentence by this court, taking into account the provisions of Section 333(2) of the Criminal Procedure Code, on the period spent in prison remand prior to his sentencing.
2. I observe that the applicant was convicted for the offence of Manslaughter vide Bondo PM Cr. Case No. 1163/2018 and vide judgment and sentence passed on 4/10/2019 by Hon. E.N. Wasike, Senior Resident Magistrate, the applicant was sentenced to serve 15 years imprisonment.
3. The applicant then appealed against the said conviction and sentence to this court vide HCCRA 74/2019 which appeal he withdrew and only sought that sentence be considered. This court did on 29/7/2020 mark the appeal as withdrawn and reduced the sentence from 15 years imprisonment to 8 years imprisonment to be calculated from the date of his arrest and confinement in custody.
4. The convict is back to this court.
5. I have considered the application which is filed on 28/3/2022. I find that it lacks any merit and is an abuse of the court process as the convict already benefitted from the provisions of Section 333(2) of the Criminal Procedure Code when this court on 29/7/2020 ordered that the sentence as reduced from 15 years imprisonment to 8 years imprisonment was to be calculated from the date of his arrest.
6. Accordingly, the application filed on 28/3/2022 is declined and is hereby dismissed.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE