[2024] KEHC 13728 (KLR)
The court found that the applicant had already been heard and benefited from Section 333(2) of the Criminal Procedure Code in a previous application, where the period spent in custody was considered. The present application sought the same relief and did not raise any new or exceptional circumstances. As such, the...
Source-derived case information.
- Citation
- [2024] KEHC 13728 (KLR)
- Parties
- Applicant: Dancan Ouma Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E219 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Post Conviction Application
- Outcome
- application dismissed as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentencing Review, Section 333 2 Criminal Procedure Code, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dancan Ouma Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Post Conviction Application
Legal Issues
- 1 Whether the applicant is entitled to further benefit under Section 333(2) of the Criminal Procedure Code after a previous application was allowed.
- 2 Whether the current application constitutes an abuse of the court process.
Ratio Decidendi
The court found that the applicant had already been heard and benefited from Section 333(2) of the Criminal Procedure Code in a previous application, where the period spent in custody was considered. The present application sought the same relief and did not raise any new or exceptional circumstances. As such, the court held that the application was an abuse of the court process and dismissed it accordingly.
Court Disposition
application dismissed as abuse of court process
Orders
- The application dated 24th October 2024 is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E219 of 2024) [2024] KEHC 13728 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13728 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E219 of 2024
RE Aburili, J
November 7, 2024
Between
Dancan Ouma Ochieng
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Nyando Senior Principal Magistrate’s Court Criminal Case No. 1886 of 2005)
Ruling
1. The applicant Dancan Ouma Ochieng was convicted vide Nyando SPM Criminal Case No. 1886 of 2005 for the offence of Robbery with violence contrary to Section 296 (2) of the Penal Code and sentenced to death.
2. On appeal vide HCCRA No. 181 of 2013 the court reduced the sentence to 30 years’ imprisonment. He then went to the Court of Appeal vide HCCRA No. 264 of 2015 which dismissed his appeal.
3. He came back to this court vide Misc. Application No. E078 of 2021 seeking for orders that the period he spent in custody prior to sentencing be taken into account.
4. Vide a Ruling dated 3rd February 2022, Hon. F. A. Ochieng J allowed the application under Section 333 (2) of the Criminal Procedure Code. The convict is back again vide his application dated 24th October 2024 seeking for consideration of Section 333 (2) of the Criminal Procedure Code as read with Article 50(2) (p) of the Constitution so that he benefits from a less severe sentence.
5. I have considered the application and perused all the files where the convict/applicant herein has been heard by this court and Section 333(2) of the Criminal Procedure Code considered.
6. I find the application dated 24th October 2024 to be an abuse of the court process. It is hereby dismissed.
7. Signal to issue.
8. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE