[2023] KEHC 1553 (KLR)
The court found that the trial court had expressly stated in its sentencing order that it considered both the pre-sentence report and the period spent in custody by the applicant. This explicit acknowledgment demonstrated compliance with section 333(2) of the Criminal Procedure Code. As such, there was no basis for...
Source-derived case information.
- Citation
- [2023] KEHC 1553 (KLR)
- Parties
- Applicant: Geoffrey Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E351 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Sentencing Review, Time Spent in Custody, Sexual Offences, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Omondi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the trial court failed to consider the time spent in custody by the applicant as required under section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentence imposed should be reviewed on account of non-compliance with section 333(2) of the CPC.
Ratio Decidendi
The court found that the trial court had expressly stated in its sentencing order that it considered both the pre-sentence report and the period spent in custody by the applicant. This explicit acknowledgment demonstrated compliance with section 333(2) of the Criminal Procedure Code. As such, there was no basis for reviewing the sentence, and the application for revision was without merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Omondi v Republic (Criminal Revision E351 of 2021) [2023] KEHC 1553 (KLR) (Crim) (1 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1553 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E351 of 2021
LN Mutende, J
March 1, 2023
Between
Geoffrey Omondi
Applicant
and
Republic
Respondent
Ruling
1. Geoffrey Omondi, the applicant, was charged with the offence of rape contrary to section 3(1) of the Sexual Offences Act, following allegations of having violated sexually GA.
2. Having been taken through full trial he was found guilty, convicted and sentenced to serve seven (7) years imprisonment.
3. In an undated application filed herein on August 26, 2021, the applicant seeks review of the sentence on the ground that the trial court did not consider time spent in custody as required by section 333(2) of the CPC.
4. In its order, the trial court stated thus:“Presentence report and the period spent in custody considered. Accused is sentenced to serve (7) years.”
5. This being the case, this court has nothing to review. The court complied with section 333(2) of the CPC which provides that:Subject to the provisions of section 38 of the Penal Code (cap 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody
6. Accordingly, the application is devoid of merit. It is therefore dismissed.
7. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLYTHROUGH MICROSOFT TEAMS AT NAIROBI,THIS 1STDAY OF MARCH, 2023. L. N. MUTENDEJUDGE