[2021] KECA 479 (KLR)
The Court of Appeal recognized that the date of conviction in its previous judgment was erroneously stated as 11th June, 2016 instead of the correct date, 11th June, 2010. Upon being notified of this error by the Officer in Charge, Kamiti Maximum Prison, the court exercised its power under Rule 35(1) of the Court of...
Source-derived case information.
- Citation
- [2021] KECA 479 (KLR)
- Parties
- Appellant: Kenneth Mawira Busaka; Appellant: Fredrick Otieno Odhiambo; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 11 of 2017
- Procedural Posture
- Criminal Appeal / Order on Correction of Judgment
- Outcome
- Order correcting the date of conviction in the judgment; sentence to run from 11th June, 2010.
- Judges
- J Karanja, F Sichale
- Legal Topics
- Sentencing Correction, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Mawira Busaka
Appellant
Fredrick Otieno Odhiambo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Order on Correction of Judgment
Legal Issues
- 1 Whether the date of conviction stated in the judgment was erroneous and required correction.
- 2 Whether the sentence should run from the correct date of conviction.
Ratio Decidendi
The Court of Appeal recognized that the date of conviction in its previous judgment was erroneously stated as 11th June, 2016 instead of the correct date, 11th June, 2010. Upon being notified of this error by the Officer in Charge, Kamiti Maximum Prison, the court exercised its power under Rule 35(1) of the Court of Appeal Rules to correct the clerical error. The court directed that the thirty-year imprisonment term imposed on the appellants shall run from the correct date of conviction, 11th June, 2010, thereby ensuring the sentence is executed in accordance with the law and the rights of the appellants are preserved.
Court Disposition
Order correcting the date of conviction in the judgment; sentence to run from 11th June, 2010.
Orders
- The date of conviction in the judgment is corrected to 11th June, 2010.
- The appellants will serve thirty (30) years imprisonment from the date of conviction, 11th June, 2010.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
[CORAM: OUKO (P), KARANJA & SICHALE, JJ.A]
CRIMINAL APPEAL NO. 11 OF 2017
BETWEEN
KENNETH MAWIRA BUSAKA....................1STAPPELLANT
FREDRICK OTIENO ODHIAMBO............2NDAPPELLANT
AND
REPUBLIC........................................................RESPONDENT
(Being an appeal from the judgment of the High Court of Kenya at
Nairobi (Achode, J) dated 4th October, 2012 in HCCRA NO. 427 OF 2010)
*****************************
ORDER OF THE COURT
On 19thMay, 2021, this Court delivered a judgment and reduced the life sentence imposed by T. Ngugi, the then Principal Magistrate, Makadara Law Courts and confirmed by Achode, J, to a term of thirty (30) years imprisonment from the date of conviction.
However, we erroneously gave the date of conviction as 11thJune, 2016instead of 11thJune, 2010. This anomaly has been pointed out to us by the Officer in Charge, Kamiti Maximum Prison.
Accordingly, this error is corrected pursuant to Rule 35(1) of this Court’sRules and we direct that the appellants will serve thirty (30) years imprisonment from the date of Conviction, 11thJune, 2010.
This Order is signed by W. Karanja and F. Sichale, JJ.A, Ouko, (P), (as he then was) having been elevated to the position of Supreme Court Judge. (Rule 32(2) of this Court’s Rules.
DATED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JULY, 2021.
W. KARANJA
........................................................
JUDGE OF APPEAL
F. SICHALE
.....................................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
signed
DEPUTY REGISTRAR