[2023] KEHC 19002 (KLR)
The application was struck out because the applicant failed to annex any court proceedings or documents demonstrating the period spent in custody, which is a mandatory requirement for consideration under Section 333(2) of the Criminal Procedure Code. Furthermore, the court found that the application was a duplicate...
Source-derived case information.
- Citation
- [2023] KEHC 19002 (KLR)
- Parties
- Applicant: Evans Kanya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E111 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Sentence Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application struck out and file closed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Time Spent in Custody, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Kanya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Sentence Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody taken into account in the computation of his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the application is properly before the court in the absence of supporting documents demonstrating the period spent in custody.
- 3 Whether the application is a duplicate of another matter already before the court.
Ratio Decidendi
The application was struck out because the applicant failed to annex any court proceedings or documents demonstrating the period spent in custody, which is a mandatory requirement for consideration under Section 333(2) of the Criminal Procedure Code. Furthermore, the court found that the application was a duplicate of another matter (HCCR Misc Application No E031 of 2023) in which directions had already been given. The absence of supporting documentation and the existence of a parallel application rendered the present application incompetent and liable to be struck out.
Court Disposition
application struck out and file closed
Orders
- The application is struck out for want of supporting documents and being a duplicate of HCCR Misc Application No E031 of 2023.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Kanya v Republic (Miscellaneous Criminal Application E111 of 2022) [2023] KEHC 19002 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19002 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E111 of 2022
RE Aburili, J
June 19, 2023
Between
Evans Kanya
Applicant
and
Republic
Respondent
Ruling
1. This file was opened on October 12, 2022 by the Convict/Applicant Evans Kanya who never supplied the court with the applicable documents.
2. The matter was entered in the CTS and has remained open until it was discovered as active during the case census.
3. On June 8, 2023, the Applicant/Convict herein filed an application for consideration of his ten (10) years imprisonment taking into account the period spent in custody, as stipulated in Section 333(2) of the Criminal Procedure Code. I have just considered that application and dismissed it on account that no court proceedings were annexed to demonstrate the period spent in custody.
4. As this file was opened without any documents annexed and as it is a duplicate of the matter in HCCR Misc Application No E031 of 2023, I hereby strike out this application and close it having given direction in the other matter.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE