[2022] KEHC 14433 (KLR)
The court found that the application for resentencing was without merit because the applicant failed to provide the necessary trial proceedings to establish whether he was on bond or in custody during the trial. Without this information, the court could not determine if section 333(2) of the Criminal Procedure Code...
Source-derived case information.
- Citation
- [2022] KEHC 14433 (KLR)
- Parties
- Applicant: Martin Oduor Juma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E013 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Murder, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Oduor Juma
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing under section 333(2) of the Criminal Procedure Code.
- 2 Whether the court can consider time spent in custody without the trial proceedings.
Ratio Decidendi
The court found that the application for resentencing was without merit because the applicant failed to provide the necessary trial proceedings to establish whether he was on bond or in custody during the trial. Without this information, the court could not determine if section 333(2) of the Criminal Procedure Code was applicable. The court held that the applicant could file a fresh application once he obtained the relevant proceedings. Accordingly, the application was dismissed for want of supporting material.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- The applicant may file a fresh application upon obtaining the trial proceedings.
Full Case Text
Judgment text and source record
20 paragraphs
Juma v Republic (Miscellaneous Criminal Application E013 of 2022) [2022] KEHC 14433 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14433 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E013 of 2022
RE Aburili, J
October 27, 2022
Between
Martin Oduor Juma
Applicant
and
Republic
Respondent
(An Application for resentencing in Kisumu HCCR 35 of 2015)
Ruling
1. The applicant is Martin Oduor Juma. He was convicted and sentenced to serve 15 years imprisonment for the offence of murder contrary to section 203 as read with section 204 of the Penal Code by Hon T W Cherere J on April 10, 2018.
2. He applies that this court considers section 333(2) of the Criminal Procedure Code in sentencing him. However, to date he was not supplied the court with proceedings in Kisumu HCR 35/2015 to consider whether during the trial, he was on bond or in custody.
3. I find this application to be devoid of any substance. The applicant can file another application once he gets the proceedings. This application is dismissed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE