[2022] KEHC 14429 (KLR)
The application for resentencing was dismissed because the applicant failed to comply with the court's direction to file the trial court proceedings. Without these records, the court could not determine whether the applicant was on bond during trial or the period spent in custody. The court found no substance in the...
Source-derived case information.
- Citation
- [2022] KEHC 14429 (KLR)
- Parties
- Applicant: Paul Okoth Hongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E096 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Sexual Offences Act, Section 333 2 Criminal Procedure Code, Custodial Sentence, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Okoth Hongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the period spent in custody by the applicant should be considered under Section 333(2) of the Criminal Procedure Code during resentencing.
- 2 Whether the application for resentencing is merited in the absence of trial court proceedings showing if the applicant was on bond during trial.
Ratio Decidendi
The application for resentencing was dismissed because the applicant failed to comply with the court's direction to file the trial court proceedings. Without these records, the court could not determine whether the applicant was on bond during trial or the period spent in custody. The court found no substance in the application as it was pending indeterminately and could not be determined on its merits. The applicant was advised to file a fresh application if he obtains the necessary proceedings.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The applicant may file a fresh application if he obtains and files the trial court proceedings.
Full Case Text
Judgment text and source record
22 paragraphs
Hongo v Republic (Miscellaneous Criminal Application E096 of 2021) [2022] KEHC 14429 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14429 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E096 of 2021
RE Aburili, J
October 27, 2022
Between
Paul Okoth Hongo
Applicant
and
Republic
Respondent
(Application for Resentencing in Maseno SPM Criminal Case No. 50823 of 2016)
Ruling
1. The applicant Paul Okoth Hongo was sentenced to serve 10 years imprisonment upon being convicted on 16/12/2019 for the offence of rape contrary to Section 3 (1) (a) (b) (3) of the Sexual Offences Act, vide Maseno SPM Cr. 50823/2016.
2. He now, vide this application filed on 10/11/2021, seeks for consideration of Section 333 (2) of the Criminal Procedure Code for the period spent in custody to be taken into account. This matter has been in court for nearly 2 years now and despite F.A. Ochieng, J directing the applicant to file court proceedings from the trial court to aid this court in determining whether the convict herein was on bond during trial or not, the applicant has never filed those proceedings to date.
3. I find no substance in this application which is pending indeterminately. It is hereby dismissed.
4. The applicant can file another application if he gets proceedings and files them in a fresh application.
5. I so order.
6. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE