[2022] KEHC 14427 (KLR)
The court dismissed the application on the basis that the applicant failed to comply with repeated directions to provide the trial court proceedings and file submissions, which were necessary for the court to determine whether he was entitled to benefit from section 333(2) of the Criminal Procedure Code. The court...
Source-derived case information.
- Citation
- [2022] KEHC 14427 (KLR)
- Parties
- Applicant: Anjela Collins Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E098 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Considerations, Section 333 2 Criminal Procedure Code, Compliance With Court Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anjela Collins Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to consideration under section 333(2) of the Criminal Procedure Code for time spent in custody pending trial.
- 2 Whether the application should be dismissed for non-compliance with court directions.
Ratio Decidendi
The court dismissed the application on the basis that the applicant failed to comply with repeated directions to provide the trial court proceedings and file submissions, which were necessary for the court to determine whether he was entitled to benefit from section 333(2) of the Criminal Procedure Code. The court found no merit in the application due to this non-compliance and lack of supporting material, and accordingly ordered the file closed.
Court Disposition
application dismissed
Orders
- The application is dismissed for want of compliance and merit.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E098 of 2021) [2022] KEHC 14427 (KLR) (27 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14427 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E098 of 2021
RE Aburili, J
October 27, 2022
Between
Anjela Collins Otieno
Applicant
and
Republic
Respondent
(Application for consideration of section 333(2) of the Criminal Procedure Code against conviction and sentence in Kisumu CM Criminal Case No. 752 of 2012)
Ruling
1. The applicant is Anjela Collins Otieno. He filed this application on November 10, 2022 seeking for consideration of section 333(2) of the Criminal Procedure Code. He was convicted and sentenced to serve 5 years imprisonmentvide Maseno SPM’s court Criminal Case No 231 of 2019 with the offence of handling stolen goods contrary to section 322(1) (2) of the Penal Code. For close to 2 years now, he has never supplied this court with proceedings from the trial court for the court to consider whether he was on bond or in custody pending his trial. The court (FA Ocheng J) did give him the opportunity from February 17, 2022, April 26, 2022 but to date, he has never complied with directions of the court to avail the proceedings. On each occasion he was granted 30 days to comply and also file his submissions.
2. For want of compliance with this court’s directions and for want of merit of the application herein, I hereby dismiss it.
3. File closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF OCTOBER, 2022. R.E. ABURILIJUDGE