[2022] KEHC 2968 (KLR)
The court found that the application was not supported by sufficient material, as the case cited (HCRA 1/2016) pertained to a different individual and not the applicant. Consequently, there was no basis upon which the court could consider the application for remand custody credit under Section 333(2) of the Criminal...
Source-derived case information.
- Citation
- [2022] KEHC 2968 (KLR)
- Parties
- Applicant: Habil Otieno Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E029 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Remand Custody Credit, Sentencing, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Habil Otieno Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the court should consider the period spent in remand custody by the applicant prior to conviction and sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether there is sufficient material before the court to grant the orders sought.
Ratio Decidendi
The court found that the application was not supported by sufficient material, as the case cited (HCRA 1/2016) pertained to a different individual and not the applicant. Consequently, there was no basis upon which the court could consider the application for remand custody credit under Section 333(2) of the Criminal Procedure Code. The application was therefore dismissed for lack of merit and supporting evidence.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E029 of 2022) [2022] KEHC 2968 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 2968 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E029 of 2022
RE Aburili, J
April 21, 2022
Between
Habil Otieno Odhiambo
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the Principal Magistrate’s Court at Ukwala in Criminal Case No. 601 of 2014)
Ruling
1. I have perused the application under Section 333(2) of the Criminal Procedure Code, beseeching this court to consider the period spent in remand custody by the Applicant/Convict prior to his conviction and sentence.
2. I observe that the Applicant is Habil Otieno Odhiambo whereas the case cited to have been handled by this court, being HCRA 1/2016 is for one Maurice of Wangaru. I find that there is no material upon which this court can consider the applicant’s application.
3. The application is accordingly dismissed.
4. The file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF APRIL, 2022R.E. ABURILIJUDGE