Owuor v Republic [2022] KEHC 369 (KLR)

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