Onyango v Republic [2022] KEHC 14019 (KLR)

Onyango v Republic (Miscellaneous Criminal Application E132 of 2022) [2022] KEHC 14019 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14019 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E132 of 2022

RE Aburili, J

October 12, 2022

Between

Charles Patrick Ooko Onyango

Applicant

and

Republic

Respondent

(Being an Application arising from Judgment, conviction and sentence in Bondo PM’s Court Criminal Case No. 1034 of 2018 delivered on 10th December, 2019 by Hon. E.N. Wasike, Senior Resident Magistrate AND in Siaya HCRA No. 86 of 2019 on 30. 11. 202)

Ruling

1. The applicant Charles Patrick Ooko Onyango was convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. He appealed to this court vide HCRA 86 of 2019 which appeal was heard and determined vide judgment delivered on November 30, 2020.

2. The applicant now seeks from this court by his application filed on 6/10/2022 an order that section 333 (2) of the Criminal Procedure Code be taken into account as he was in custody during the trial.

3. I have considered the application. I observe that in the judgment delivered by this court on November 30, 2020, this court despite dismissing the appellant’s appeal against conviction, it ordered that the appeal against sentence succeeds only to the extent that the 25years imprisonment to be calculated from the date of arrest of the appellant before being released on bond on 28/8/2017.

4. For the above reason, I find no merit in this application which is hereby dismissed.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE