[2022] KEHC 369 (KLR)
The court dismissed the application on the basis that there was no material before it—such as proceedings, judgment, or warrant of committal—to demonstrate that the trial court failed to consider Section 333(2) of the Criminal Procedure Code when sentencing the applicant. Without such evidence, the High Court could...
Source-derived case information.
- Citation
- [2022] KEHC 369 (KLR)
- Parties
- Applicant: Richard Ochieng Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E043 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Remand Custody, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Ochieng Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in his sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court dismissed the application on the basis that there was no material before it—such as proceedings, judgment, or warrant of committal—to demonstrate that the trial court failed to consider Section 333(2) of the Criminal Procedure Code when sentencing the applicant. Without such evidence, the High Court could not intervene or reconsider the sentence. The application was therefore dismissed for lack of supporting material.
Court Disposition
application dismissed
Orders
- The application filed on 14/4/2022 is dismissed.
- File is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Owuor v Republic (Miscellaneous Criminal Application E043 of 2022) [2022] KEHC 369 (KLR) (21 April 2022) (Ruling)
Neutral citation: [2022] KEHC 369 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E043 of 2022
RE Aburili, J
April 21, 2022
Between
Richard Ochieng Owuor
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the Principal Magistrate’s Court at Ukwala in Criminal Case No. 1396 of 2013)
Ruling
1. I have considered the application by the convict Richard Ochieng Owuor for reconsideration of his 20 years imprisonment taking into account Section 333(2) of the Criminal Procedure Code, of the time spent in remand custody prior to his sentencing.
2. Regrettably, there are no proceedings or judgment or is even a warrant of committal attached to demonstrate to this court that the trial court did not consider Section 333(2) of the Criminal Procedure Code, in sentencing.
3. There is no material to assist this court consider the application. The application filed on 14/4/2022 is hereby dismissed.
4. File is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21 STDAY OF APRIL, 2022R.E. ABURILIJUDGE