Evans Ouma Oketch v Republic [2022] KEHC 1260 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISC. CRIMINAL APPLICATION NO. E034 OF 2022

EVANS OUMA OKETCH......................................................................................APPLICANT

VERSUS

REPUBLIC...........................................................................................................RESPONDENT

(Being an Application arising from conviction and sentence of the High Court at Siaya in

HCCRA No. 63 of 2017 AND originally from Bondo Magistrates’ Court

in Cr. Case No. 921/2016)

RULING

1.  I have considered the application by the convict/applicant seeking that the court applies Section 333(2) of the Criminal Procedure Code in the sentence imposed to take into account the period spent in remand custody during his trial. On 18/2/2020, this court vide HCRA 63/2017 resentenced the appellant to serve 15 years imprisonment to be calculated from 5/7/2017 the date of sentencing in the lower court. I reduced the mandatory minimum sentence of 20 years to 15 years imprisonment which is the least severe sentence and which was by exercise of discretion, applying the Francis Muruatetu Vs Republic [2017] eKLR decision before the 2021 directions were given in the Muruatetu II case.

2.  That being the case, and the applicant having benefitted from the least severe sentence in such a serious case of defilement, I find no merit in his application for further reduction of the sentence.  I decline the application and dismiss it.

3.  File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 23RD DAY OF MARCH, 2022

R.E. ABURILI

JUDGE