[2024] KEHC 1505 (KLR)
The court found that the issue of whether the applicant's remand custody period was considered in sentencing had already been addressed and determined by the appellate court (Bwonwong’a J (rtd)). There was no new or overlooked matter warranting revision. The application for revision was therefore dismissed for lack...
Source-derived case information.
- Citation
- [2024] KEHC 1505 (KLR)
- Parties
- Applicant: Princess Okoye; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 83 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Revision, Remand Custody Credit, Narcotic Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Princess Okoye
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a revision of sentence under section 333(2) of the Criminal Procedure Code for time spent in remand custody.
Ratio Decidendi
The court found that the issue of whether the applicant's remand custody period was considered in sentencing had already been addressed and determined by the appellate court (Bwonwong’a J (rtd)). There was no new or overlooked matter warranting revision. The application for revision was therefore dismissed for lack of merit, as the applicant had already received the benefit of section 333(2) of the Criminal Procedure Code during the appeal process.
Court Disposition
application dismissed
Orders
- The application for revision of sentence is dismissed for lack of merit.
Full Case Text
Judgment text and source record
19 paragraphs
Okoye v Republic (Criminal Revision 83 of 2023) [2024] KEHC 1505 (KLR) (15 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1505 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 83 of 2023
DR Kavedza, J
February 15, 2024
Between
Princess Okoye
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of trafficking in narcotic drugs contrary to section 4 (a) of the Narcotic Drugs and Psychotropic Substances (Control) Act no. 4 of 1994. He was sentenced to pay a fine of Kshs. 9,421,839 in default to serve one-year imprisonment. In addition, he was sentenced to serve 10 years imprisonment. He was also to be deported to his country of origin after the conclusion of his sentence. He filed an appeal which was heard and determined by Bwonwong’a J (rtd) and judgement delivered on 18th October 2022.
2. The applicant has now filed an application seeking a revision of sentence in consideration of section 333 (2) of the Criminal Procedural Code. The application is supported by an affidavit sworn by the applicant.
3. I have considered the application, the affidavit in support and the applicable law. The issue for consideration is whether the time spent in remand custody was considered in computation of the applicant’s sentence. I have perused the entire record and note that the same was considered by the decision of Bwonwong’a J (rtd) on appeal.
4. The application is therefore dismissed for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 15TH DAY OF FEBRUARY 2024. .............................D. KAVEDZAJUDGE