[2024] KEHC 13431 (KLR)
The court found that the applicant's request to have the pre-sentence custody period considered had already been determined in a previous application (Misc. Cr. App. E022/2022), where the court declined to grant the order. The applicant had not presented any new grounds or circumstances to warrant revisiting the...
Source-derived case information.
- Citation
- [2024] KEHC 13431 (KLR)
- Parties
- Applicant: Erick Omolo Labilo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E003 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application to Consider Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing, Pre Sentence Custody, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Omolo Labilo
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application to Consider Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in pre-sentence custody should be considered in reducing the applicant's sentence for manslaughter.
- 2 Whether the application is res judicata or an abuse of court process.
Ratio Decidendi
The court found that the applicant's request to have the pre-sentence custody period considered had already been determined in a previous application (Misc. Cr. App. E022/2022), where the court declined to grant the order. The applicant had not presented any new grounds or circumstances to warrant revisiting the issue. Furthermore, the applicant himself acknowledged that the sentence imposed was lenient, and he had withdrawn his appeals against conviction and sentence. The court held that the current application was an abuse of court process and lacked merit, and therefore dismissed it.
Court Disposition
application dismissed
Orders
- The application dated 22/6/2023 is dismissed for abuse of court process and want of merit.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Labilo v Republic (Criminal Miscellaneous Application E003 of 2024) [2024] KEHC 13431 (KLR) (22 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13431 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E003 of 2024
RE Aburili, J
October 22, 2024
Between
Erick Omolo Labilo
Applicant
and
Republic
Respondent
Ruling
1. The applicant Erick Omolo Labilo is a convict in Bondo SPM Cr. 1124/2018 for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 10 years imprisonment.
2. He filed two appeals HCCRA 70 & 71 of 2019 which he voluntarily withdrew from court on 18/11/2019.
3. He then returned to this court vide Misc. Cr. App. E022/2022 seeking that the period of 2 years, 2 months and 23 days spent in custody be considered and this court vide ruling of 7/3/2022 declined to grant the order sought, giving reasons contained in that ruling.
4. The convict is back vide an application dated 22/6/2023 seeking the same prayers. The offence of manslaughter, upon conviction carries up to life imprisonment.
5. The applicant acknowledged that he was given extremely lenient sentence and hence his withdrawal of the two appeals which he had lodged against conviction and sentence.
6. I find no reason to revisit the matter which was settled vide the ruling of the court in Misc. Cr. Appl. E022/2022.
7. I dismiss the application dated 22/6/2023 for abuse of court process and want of merit.
8. This file is closed. I so order.
RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024R. E. ABURILIJUDGE