[2024] KEHC 4325 (KLR)
The court found that the applicant was sentenced on 16th September, 2022 to fines with default imprisonment terms totaling 17 months. There was no order specifying concurrent service, so the sentences were deemed consecutive. As the sentence would have lapsed by February 2024, the court concluded that the sentence...
Source-derived case information.
- Citation
- [2024] KEHC 4325 (KLR)
- Parties
- Applicant: Stephen Gordon Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E146 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application deemed abandoned; file closed
- Judges
- LN Mutende
- Legal Topics
- Sentence Review, Non Custodial Sentence, Consecutive Sentences, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Gordon Ochieng
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to serve the remainder of his sentence on a non-custodial basis.
- 2 Whether the applicant's time spent in custody was considered pursuant to Section 333(2) of the Criminal Procedure Code.
- 3 Whether the sentence imposed has already been served.
Ratio Decidendi
The court found that the applicant was sentenced on 16th September, 2022 to fines with default imprisonment terms totaling 17 months. There was no order specifying concurrent service, so the sentences were deemed consecutive. As the sentence would have lapsed by February 2024, the court concluded that the sentence had already been served. Consequently, the application for review was deemed abandoned and the file was closed.
Court Disposition
application deemed abandoned; file closed
Orders
- The application for review of sentence is deemed abandoned.
- The file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Ochieng v Republic (Criminal Revision E146 of 2023) [2024] KEHC 4325 (KLR) (Crim) (15 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4325 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E146 of 2023
LN Mutende, J
April 15, 2024
Between
Stephen Gordon Ochieng
Applicant
and
Republic
Respondent
Ruling
1. Through a Notice of Motion dated 31st January, 2023 the applicant seeks review of sentence. It is averred that the applicant was sentenced to serve 17 years imprisonment hence seeks to serve the remaining part of the sentence on non-custodial basis.
2. Secondly, the applicant also avers that he spent time in custody that was not considered pursuant to Section 333(2) of the Criminal Procedure Code.
3. I have not had the benefit of perusing the lower court record, but, this is a matter that has been mentioned severally without the offender making any appearance.
4. A perusal of the committal warrant shows that the applicant was convicted and sentenced on 16th September, 2022 to pay a fine of Ksh. 100,000/- and in default to serve five months imprisonment on count I. Then on count II he was fined Ksh. 300,000/- and in default to serve twelve (12) months imprisonment.
5. The order as to the manner which the sentences were to be served was not indicated. But, being fines, the sentences are deemed to have been intended to run consecutively which makes it 17months.
6. The sentence having been meted out on 16th September, 2022 the seventeen months must have lapsed in February, 2024. Therefore the sentence must have been served.
7. For that reason, the application is deemed to have been abandoned.
8. The file is closed.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 15TH DAY OF APRIL, 2024. L. N. MUTENDEJUDGEIN THE PRESENCE OF:Ms. Wafula for ODPPCourt Assistant - Gladys