[2024] KEHC 14331 (KLR)
The court found that the applicant's request to have the period spent in remand custody considered in his sentence had already been addressed both during the trial and in a previous application for revision. The court held that the current application was duplicative and amounted to an abuse of court process, as the...
Source-derived case information.
- Citation
- [2024] KEHC 14331 (KLR)
- Parties
- Applicant: Wilson Ogwan’G Muruka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 122 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Remand Custody Credit, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Ogwan’G Muruka
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the period spent in remand custody by the applicant should be taken into account in computing his sentence.
- 2 Whether the application constitutes an abuse of court process due to duplicity.
Ratio Decidendi
The court found that the applicant's request to have the period spent in remand custody considered in his sentence had already been addressed both during the trial and in a previous application for revision. The court held that the current application was duplicative and amounted to an abuse of court process, as the relief sought had already been granted and there was no new basis for reconsideration. Accordingly, the application was dismissed as being bad in law, for duplicity, and devoid of merit.
Court Disposition
application dismissed
Orders
- The application dated 3/7/2023 filed on 4/8/2023 is dismissed for duplicity, abuse of court process, and lack of basis.
- This file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Muruka v Republic (Miscellaneous Criminal Application 122 of 2023) [2024] KEHC 14331 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14331 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 122 of 2023
RE Aburili, J
November 8, 2024
Between
Wilson Ogwan’G Muruka
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Wilson Ogwang Muruka was convicted of the offence of murder contrary to Section 204 of the Penal Code. he was sentenced to serve 20 years imprisonment on 29/6/2027 following a full trial in Siaya HCCR Case No. 2/2016. The court also ordered that the sentence was to be calculated from the date of arrest in December 2015 which was 1 year and 5 months.
2. The convict returned to this court vide Misc. Cr. Application NO. 143/2023 seeking for revision of his sentence to take into account the period he spent in remand custody and this court on 29/4/2024 dismissed that application for lacking any basis or merit.
3. The convict is back to court seeking that the period spent in custody be taken into account.
4. In my view, the convict is abusing court process as the orders he is seeking were granted in the trial proceedings and in Misc. Cr. Application No. 143/2023.
5. Accordingly, the application dated 3/7/2023 filed on 4/8/2023 is found to be bad in law for duplicity, abuse of court process and devoid of any basis. It is hereby dismissed.
6. Signal to issue. This file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE