[2022] KEHC 15030 (KLR)
The court found that the applicant failed to provide any proceedings from the lower court to enable the High Court to determine whether the applicant was on bond or in custody during the trial. Without such evidence, the court could not consider the application under section 333(2) of the Criminal Procedure Code....
Source-derived case information.
- Citation
- [2022] KEHC 15030 (KLR)
- Parties
- Applicant: Stephen Otieno Oucho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E053 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Section 333 2 Criminal Procedure Code, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Otieno Oucho
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / 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 during trial.
Ratio Decidendi
The court found that the applicant failed to provide any proceedings from the lower court to enable the High Court to determine whether the applicant was on bond or in custody during the trial. Without such evidence, the court could not consider the application under section 333(2) of the Criminal Procedure Code. Consequently, the application was found to be devoid of substance and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Oucho v Republic (Criminal Revision E053 of 2022) [2022] KEHC 15030 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15030 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E053 of 2022
RE Aburili, J
November 2, 2022
Between
Stephen Otieno Oucho
Applicant
and
Republic
Respondent
Ruling
1. The applicant in this application seeking for consideration of section 333(2) of the Criminal Procedure Code has not filed any court proceedings from the Lower Court for this court to peruse and consider whether the applicant was on bond during the trial or was in custody.
2. I find this application to be devoid of any substance. It is hereby dismissed.
3. This file is closed.
4. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE