[2021] KEHC 1563 (KLR)
The court found that the applicant had been released on bail pending trial and that his surety's security had been discharged and released. Therefore, the applicant did not spend time in custody that would entitle him to benefit from Section 333(2) of the Criminal Procedure Code. The court concluded that the...
Source-derived case information.
- Citation
- [2021] KEHC 1563 (KLR)
- Parties
- Applicant: Kennedy Otieno Mien; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E114 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Bail Pending Trial, Abuse of Court Process, Sentencing Credit, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Otieno Mien
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to benefit from Section 333(2) of the Criminal Procedure Code for time spent in custody.
- 2 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court found that the applicant had been released on bail pending trial and that his surety's security had been discharged and released. Therefore, the applicant did not spend time in custody that would entitle him to benefit from Section 333(2) of the Criminal Procedure Code. The court concluded that the application was mischievous and amounted to an abuse of court process, warranting its dismissal.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E114 OF 2021
CORAM: R.E. ABURILI, J
KENNEDY OTIENO MIEN..............................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(An Application arising from conviction and sentence of the High Court at Siaya in Cr. Case No. 29 of 2015)
RULING
1. This matter I related to Misc. Criminal Application No. E115/2021 as they both originate from the HCR 29/2015.
2. I observe that unlike the applicant in Misc. Criminal Application E115/2021, this applicant was released on bail pending trial on 19/12/2014 and one William Okothe Omito was his surety whose security was discharged and released vide order of 11/7/2018.
3. Therefore the applicant herein is playing mischief to unjustly benefit from the provisions of Section 333(2) of the Criminal Procedure Code.
4. For the above reasons, I find this application mischievous and abuse of court process. It is hereby dismissed. File closed.
5. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2021
R.E. ABURILI
JUDGE