[2024] KEHC 6077 (KLR)
The trial court, in its sentencing remarks, expressly stated that it had taken into account the period the applicant spent in custody pending the determination of his case, in compliance with Section 333(2) of the Criminal Procedure Code. As such, the applicant's request for a further revision of sentence on the...
Source-derived case information.
- Citation
- [2024] KEHC 6077 (KLR)
- Parties
- Applicant: Benard Okongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 106 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Sentence Review, Time Spent in Custody, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Okongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the trial court considered the period the applicant spent in custody when passing sentence.
- 2 Whether the applicant is entitled to a revision of sentence to account for time spent in custody.
Ratio Decidendi
The trial court, in its sentencing remarks, expressly stated that it had taken into account the period the applicant spent in custody pending the determination of his case, in compliance with Section 333(2) of the Criminal Procedure Code. As such, the applicant's request for a further revision of sentence on the same ground is unfounded and incompetent. The application is therefore dismissed as it seeks orders that have already been addressed by the trial court.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
Okongo v Republic (Miscellaneous Criminal Application 106 of 2023) [2024] KEHC 6077 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6077 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 106 of 2023
DO Ogembo, J
May 23, 2024
Between
Benard Okongo
Applicant
and
Republic
Respondent
(Being an Application for review of sentence and Conviction in Ukwala PM’s Court vide Criminal Case No. E619 of 2021 dated 11th January, 2023 and delivered by Hon. L. N. Sarapai - PM)
Ruling
1. The Applicant, Benard Okongo, has filed an application herein dated 23rd June, 2023, seeking revision of his sentence to reflect and account for the period he spent in custody while awaiting the determination of his case. He relies on the case of Ahmend Abulfathi Mohamed (2018) eKLR.
2. I have considered the record of proceedings of the trial court. In the sentence proceedings of the court on 11/1/2023, it is clear that the trial magistrate noted;“….. I sentence the offender to serve five years imprisonment less time spent in custody….”
3. In sentencing the Applicant, the trial court clearly took into account the period the Applicant had spent in custody pending determination of his case in accordance with Section 333 (2) of the Criminal Procedure Code.
4. The application of the Applicant seeking the same orders is therefore baseless and totally incompetent. I dismiss the same. Orders accordingly.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF MAY, 2024. D. O. OGEMBOJUDGE23/5/2024CourtRead out in Open Court in presence of Applicant and Ms. Kerubo for State.D. O. OGEMBOJUDGE23/5/2024