[2024] KEHC 6184 (KLR)
The court found that the applicant failed to provide any evidence, such as proceedings or judgment, to confirm the period he claimed to have spent in remand custody prior to sentencing. Without such evidence, the court could not invoke Section 333(2) of the Criminal Procedure Code to adjust the sentence....
Source-derived case information.
- Citation
- [2024] KEHC 6184 (KLR)
- Parties
- Applicant: Paul Okoth Hongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E079 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Remand Custody Credit, Sexual Offences, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Okoth Hongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant failed to provide any evidence, such as proceedings or judgment, to confirm the period he claimed to have spent in remand custody prior to sentencing. Without such evidence, the court could not invoke Section 333(2) of the Criminal Procedure Code to adjust the sentence. Consequently, the application was found to be without merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application dated 21st April 2024 is dismissed for want of evidence.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Hongo v Republic (Miscellaneous Criminal Application E079 of 2024) [2024] KEHC 6184 (KLR) (29 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6184 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E079 of 2024
RE Aburili, J
May 29, 2024
Between
Paul Okoth Hongo
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Senior Principal Magistrate’s Court Criminal Sexual Offences Case No. 823 of 2016 at Maseno)
Ruling
1. I have considered the application dated 21st April 2024 by Paul Okoth Hongo who is a convict vide Maseno SPM’s Court Criminal Case No. 823 of 2016.
2. He was sentenced to serve ten (10) years imprisonment for the offence of rape contrary to Section 3(1) (a) (b) of the Sexual Offences Act.
3. The Applicant claims that he was in remand custody for one year and 6 months prior to being sentenced. However, there is no evidence by way of proceedings and judgment to confirm that he was in custody for the said period and therefore, calling upon this court to invoke the provisions of Section 333(2) of the Criminal Procedure Code.
4. For want of evidence that the convict was in custody for the period stated prior to the sentencing, I find the application devoid of any merit. It is hereby dismissed.
5. Signal to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 29THDAY OF MAY, 2024R. E. ABURILIJUDGE