[2023] KEHC 220 (KLR)
The court found that the application for resentencing was unsupported by necessary documents such as proceedings or the charge sheet. The judge was not satisfied that the case could have remained pending from 2016 to 2021 without explanation, raising the possibility that the applicant may have jumped bail or escaped...
Source-derived case information.
- Citation
- [2023] KEHC 220 (KLR)
- Parties
- Applicant: Kennedy Omondi Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E002 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Resentencing
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Defilement Offence, Resentencing, Sentence Computation, Custodial Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Omondi Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Resentencing
Legal Issues
- 1 Whether the applicant is entitled to resentencing taking into account the period spent in custody under Section 333(2) of the Criminal Procedure Code.
- 2 Whether sufficient material was provided to support the application for resentencing.
Ratio Decidendi
The court found that the application for resentencing was unsupported by necessary documents such as proceedings or the charge sheet. The judge was not satisfied that the case could have remained pending from 2016 to 2021 without explanation, raising the possibility that the applicant may have jumped bail or escaped from custody, which was not disclosed. In the absence of sufficient material to justify the application of Section 333(2) of the Criminal Procedure Code, the court dismissed the application for resentencing.
Court Disposition
application dismissed
Orders
- The application for resentencing is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E002 of 2023) [2023] KEHC 220 (KLR) (24 January 2023) (Ruling)
Neutral citation: [2023] KEHC 220 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E002 of 2023
RE Aburili, J
January 24, 2023
Between
Kennedy Omondi Odhiambo
Applicant
and
Republic
Respondent
(Being an Application for resentencing in Bondo PM Criminal S.O. Case No. 242 of 2016)
Ruling
1. The applicant Kennedy Omondi Odhiambo was convicted and sentenced to serve 10 years imprisonment for the offence of defilement.
2. There is no evidence that he appealed against the conviction and sentence passed on 2/6/2021 vide Bondo PM Sexual Offence No 242/2016. According to his documents and letter from prison authorities, Kisumu Maximum Security Prison dated December 27, 2022, he has applied to have his sentence taken into account the period spent in custody.
3. Having considered the application, which has no proceedings or even the charge sheet annexed, I am not satisfied that a 2016 case in Bondo Law Courts could have stayed until 2/6/2021 to be determined. I am unable to find material upon which to apply Section 333(2) of the Criminal Procedure Code as the accused could have jumped bail or escaped from lawful custody, which then should have been disclosed to this court.
4. I find the application not supported. It is hereby dismissed.
5. File is closed.
6. I so order.
Dated, signed and delivered at Siaya this 24thDay of January, 2023R.E. ABURILIJUDGE