[2022] KEHC 10274 (KLR)
The court held that while the applicant has an arguable case for the remand period to be considered in his sentence under section 333(2) of the Criminal Procedure Code, it cannot exercise its discretion or grant the relief sought without first reviewing the trial and appellate records. The court therefore directed...
Source-derived case information.
- Citation
- [2022] KEHC 10274 (KLR)
- Parties
- Applicant: Oscar Ingotsi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E014 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Interlocutory Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Interim orders issued; application deferred pending production of records.
- Judges
- WM Musyoka
- Legal Topics
- Sentencing Review, Remand Period Credit, Robbery With Violence, Death Penalty Commutation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oscar Ingotsi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Interlocutory 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 considered in the computation of his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the court can exercise discretion to grant the relief sought without access to the trial and appellate records.
Ratio Decidendi
The court held that while the applicant has an arguable case for the remand period to be considered in his sentence under section 333(2) of the Criminal Procedure Code, it cannot exercise its discretion or grant the relief sought without first reviewing the trial and appellate records. The court therefore directed the Deputy Registrar to call for the relevant records from the trial court and appellate courts before making a substantive determination on the application.
Court Disposition
Interim orders issued; application deferred pending production of records.
Orders
- Deputy Registrar to call for the trial records in Kakamega CMCRCC No. 1401 of 2008 and judgments in Kakamega HCCRA No. 84 of 2009 and Kisumu CACRA No. 109 of 2016.
- Matter to be mentioned on 28th July 2022.
Full Case Text
Judgment text and source record
20 paragraphs
Ingotsi v Republic (Miscellaneous Criminal Application E014 of 2022) [2022] KEHC 10274 (KLR) (24 June 2022) (Ruling)
Neutral citation: [2022] KEHC 10274 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Application E014 of 2022
WM Musyoka, J
June 24, 2022
Between
Oscar Ingotsi
Applicant
and
Republic
Respondent
Ruling
1. The Motion dated 23rd February 2022 is premised on section 333(2) of the Criminal Procedure Code, Cap 75, Laws of Kenya. The applicant would like the time he spent in remand to be reckoned in determining his final sentence.
2. He avers that the trial court had sentenced him to death for robbery with violence, under section 292(2) of the Penal Code, Cap 63, Laws of Kenya. The death penalty was commuted to life imprisonment by the President of the Republic of Kenya. The Court of Appeal reduced the life imprisonment to twenty five years imprisonment.
3. The applicant has an arguable case. It merits consideration, but I will not be able to exercise discretion under section 333(2) of the Criminal Procedure Code, unless I have sight of the trial records, and the appeal records from the High Court and the Court of appeal.
4. Consequently, I do hereby direct the Deputy Registrar to call for the trial records in Kakamega CMCRCC No. 1401 of 2008, and the judgements in Kakamega HCCRA No. 84 of 2009 and Kisumu CACRA No. 109 of 2016. .
5. The matter shall be mentioned on 28th July 2022. A production order shall issue. Copies of this ruling to be made available to the applicant and the Office of the Director of Public Prosecutions.
DELIVERED, DATED AND SIGNED AT KAKAMEGA ON THIS 24thDAY OF JUNE 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Oscar Ingotsi, the applicant, in person.Mr. Mwangi, instructed by the Director of Public Prosecutions, for the respondent.