[2025] KEHC 9353 (KLR)

[2025] KEHC 9353 (KLR)

The High Court lacks jurisdiction to alter the commencement date of the applicant's sentence because the Court of Appeal has already exercised its jurisdiction and specifically determined the date from which the sentence should commence. The statutory right under section 333(2) of the Criminal Procedure Code to have...

Source-derived case information.

Citation
[2025] KEHC 9353 (KLR)
Parties
Applicant: Dancan Ouma Ochieng; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
27 June 2025
Case Number
Criminal Miscellaneous Application E050 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling
Outcome
application dismissed
Judges
A Mabeya
Legal Topics
Sentencing Commencement, Time Spent in Custody, Jurisdiction of High Court
Source Language
english
Criminal Law Sentencing Commencement Time Spent in Custody Jurisdiction of High Court

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Dancan Ouma Ochieng

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to order that the applicant's sentence commence from the date of first arraignment under section 333(2) of the Criminal Procedure Code, after the Court of Appeal has already determined the commencement date.
  2. 2 Whether the period spent in custody prior to sentencing should be considered in the applicant's sentence.

Ratio Decidendi

The High Court lacks jurisdiction to alter the commencement date of the applicant's sentence because the Court of Appeal has already exercised its jurisdiction and specifically determined the date from which the sentence should commence. The statutory right under section 333(2) of the Criminal Procedure Code to have time spent in custody considered in sentencing is subject to the appellate process, and once the appellate court has pronounced itself on the issue, the High Court cannot revisit or second-guess that determination. The applicant's recourse, if any, lies with the Court of Appeal and not the High Court.

Court Disposition

application dismissed

Orders

  • The application is dismissed for want of jurisdiction.