Jairo v Republic [2022] KEHC 14387 (KLR)

Jairo v Republic (Miscellaneous Criminal Application 6 of 2021) [2022] KEHC 14387 (KLR) (18 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14387 (KLR)

Republic of Kenya

In the High Court at Vihiga

Miscellaneous Criminal Application 6 of 2021

PJO Otieno, J

October 18, 2022

Between

Caleb Oluhambio Jairo

Petitioner

and

Republic

Respondent

Judgment

1. In the petition, the petitioner seeks an order that the sentence of 3 years imposed against him petitioner for the offence of House Breaking and Committing a Felony therein, be computed to include the period spent in custody pending trial.

2. No copy of that judgment was exhibited to help the court determine when it was to commence and also determine whether the petitioner was ever granted bail and if not if the period spent in custody pending trial was ever reckoned with.

3. The prosecution did not make the situation better when no response was ever filed to the application. Not even the Deputy Registrar was able to avail the original record at trial.

4. In the absence of that critical information, it is impossible for the court to make a determination on that very important question of law whether section 333(2) was complied with by the trial court. I would disallow the petition in the basis alone.

5. However, in the affidavit in support, the petitioner confirms that the sentence was due to terminate on the 12. 2.2022. That is now some six months in the past. In effect the petition has been overtaken by events. Any grievance by the petitioner regarding section 333(2) may now not be remedied by this petition but may be in a different forum.Accordingly, the petition is dismissed.

DATED, SIGNED AND DELIVERED AT VIHIGA, THIS 18TH DAY OF OCTOBER 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:No appearance for the ApplicantNo appearance for the RespondentCourt Assistant: Juma