[2024] KEHC 11905 (KLR)
The court held that since the applicant had the opportunity to raise the issue of consideration of the period spent in custody during his appeal, and the appellate court had already upheld the conviction and sentence, the matter was conclusively determined. The High Court declined to revisit or reopen the issue,...
Source-derived case information.
- Citation
- [2024] KEHC 11905 (KLR)
- Parties
- Applicant: Antony Chacha Mohammed; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E064 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Custodial Periods, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antony Chacha Mohammed
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the period spent in custody during trial should be considered in sentencing under Section 333(2) of the Criminal Procedure Code after conviction and unsuccessful appeal.
Ratio Decidendi
The court held that since the applicant had the opportunity to raise the issue of consideration of the period spent in custody during his appeal, and the appellate court had already upheld the conviction and sentence, the matter was conclusively determined. The High Court declined to revisit or reopen the issue, emphasizing the principle of finality in litigation and the need to respect decisions made on appeal. The application was therefore found to be without merit and dismissed.
Court Disposition
application dismissed
Orders
- The application dated 21/2/2024 is dismissed.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Mohammed v Republic (Criminal Miscellaneous Application E064 of 2024) [2024] KEHC 11905 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11905 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E064 of 2024
RE Aburili, J
September 27, 2024
Between
Antony Chacha Mohammed
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is Antony Chacha Mohamed. He was convicted vide Bondo PM S.O Case No. 122/2016 of the offence of defilement contrary to Section 8 (1) as read with Section 8 (3) of the Sexual Offences Act and sentenced to serve 15 years imprisonment.
2. He appealed vide HCRA 123/2016 and vide judgment delivered on 19/2/2018, the conviction and sentence were upheld.
3. He has now applied vide his application dated 21/2/2024, seeking that the period he spent in custody during trial be considered under Section 333 (2) of the Criminal Procedure Code.
4. The applicant/convict had the opportunity to raise the issue on appeal. This court shall not revisit a matter which was concluded by the same court on appeal.
5. I find the application dated 21/2/2024 not merited. It is hereby dismissed. This file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE