[2023] KEHC 1415 (KLR)
The court held that it lacked jurisdiction to further reduce the applicant's sentence, as the sentence had already been reviewed and set by the High Court at Kisumu on appeal. However, the court recognized the mandatory requirement under section 333(2) of the Criminal Procedure Code to account for any period the...
Source-derived case information.
- Citation
- [2023] KEHC 1415 (KLR)
- Parties
- Applicant: Luke Omollo Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E019 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Resentencing Application
- Outcome
- Application partially allowed.
- Judges
- RE Aburili
- Legal Topics
- Resentencing, Sentence Calculation, Custodial Periods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luke Omollo Okoth
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Resentencing Application
Legal Issues
- 1 Whether the High Court has jurisdiction to further reduce a sentence already reviewed on appeal.
- 2 Whether the period spent in custody prior to sentencing should be considered under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that it lacked jurisdiction to further reduce the applicant's sentence, as the sentence had already been reviewed and set by the High Court at Kisumu on appeal. However, the court recognized the mandatory requirement under section 333(2) of the Criminal Procedure Code to account for any period the applicant spent in custody prior to sentencing. The court therefore ordered that the applicant's sentence be calculated to include any such period, subject to verification by the prison authorities upon provision of the relevant proceedings by the applicant.
Court Disposition
Application partially allowed.
Orders
- The sentence imposed in Siaya PM SO No 869/2014, as reviewed by the High Court at Kisumu, shall be calculated taking into account any period spent in custody.
- The applicant to supply prison authorities with proceedings to confirm the period to be taken into account.
Full Case Text
Judgment text and source record
20 paragraphs
Okoth v Republic (Miscellaneous Criminal Application E019 of 2023) [2023] KEHC 1415 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1415 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E019 of 2023
RE Aburili, J
February 28, 2023
Between
Luke Omollo Okoth
Applicant
and
Republic
Respondent
(Being an Application for resentencing in Siaya PM’s SO No 869/2014)
Ruling
1. The applicant in his notice of motion filed on February 24, 2023 concedes that his sentence of 75 years imprisonment was reduced to 15 years imprisonment vide an appeal to Kisumu High Court. He however considers that 15 years imprisonment is still too harsh.
2. I have no power to reduce that sentence further. However, as he has cited section 333(2) of the Criminal Procedure Code, I hereby order that the sentence imposed in Siaya PM SO No 869/2014 and as reviewed by the High Court at Kisumu shall be calculated taking into account any period spent in custody. The applicant to supply prison authorities with proceedings to confirm the period to be taken into account.
3. I so order.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE