[2022] KEHC 14019 (KLR)
The court found that the issue of taking into account the period spent in custody had already been addressed in the judgment delivered on November 30, 2020, where it was ordered that the applicant's 25-year sentence be calculated from the date of his arrest before being released on bond. As such, there was no merit...
Source-derived case information.
- Citation
- [2022] KEHC 14019 (KLR)
- Parties
- Applicant: Charles Patrick Ooko Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E132 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Post Conviction Application
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Computation, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Patrick Ooko Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Post Conviction Application
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody during trial considered in the computation of his sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the issue of taking into account the period spent in custody had already been addressed in the judgment delivered on November 30, 2020, where it was ordered that the applicant's 25-year sentence be calculated from the date of his arrest before being released on bond. As such, there was no merit in the present application seeking a further order under section 333(2) of the Criminal Procedure Code, since the relief sought had already been granted and implemented in the prior judgment.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Onyango v Republic (Miscellaneous Criminal Application E132 of 2022) [2022] KEHC 14019 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14019 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E132 of 2022
RE Aburili, J
October 12, 2022
Between
Charles Patrick Ooko Onyango
Applicant
and
Republic
Respondent
(Being an Application arising from Judgment, conviction and sentence in Bondo PM’s Court Criminal Case No. 1034 of 2018 delivered on 10th December, 2019 by Hon. E.N. Wasike, Senior Resident Magistrate AND in Siaya HCRA No. 86 of 2019 on 30. 11. 202)
Ruling
1. The applicant Charles Patrick Ooko Onyango was convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. He appealed to this court vide HCRA 86 of 2019 which appeal was heard and determined vide judgment delivered on November 30, 2020.
2. The applicant now seeks from this court by his application filed on 6/10/2022 an order that section 333 (2) of the Criminal Procedure Code be taken into account as he was in custody during the trial.
3. I have considered the application. I observe that in the judgment delivered by this court on November 30, 2020, this court despite dismissing the appellant’s appeal against conviction, it ordered that the appeal against sentence succeeds only to the extent that the 25years imprisonment to be calculated from the date of arrest of the appellant before being released on bond on 28/8/2017.
4. For the above reason, I find no merit in this application which is hereby dismissed.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE