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JudgmentDAVID OMBASA OUMA VS The Republic1 min read

DAVID OMBASA OUMA VS The Republic

High Court at Kisii High Court · · Odera Teresa Achieng

1. i have considered the undated application filed by the applicant herein.
2.The seeks sentence review and consideration of the remand period under section 333(2) of the CPC.
The state has objected to the sentence review on the ground that the same was passed by a court of concurrent jurisdiction and that Muruatetu decision was considered .
3. I have seen the said sentence dated 21.2.2017 passed by Hon Justice J.R Karanja a Judge of equal Jurisdiction. This court lack jurisdiction to interfere with that sentence .
4. On remand period the applicant was arraigned in court on 11.1.2016 as per the record and he was in remand till 21.2.2017 when he was convicted and sentenced.
5. Section 333(2) of the CPC enjoins courts to consider the remand period in sentencing . The same was not considered in passing the sentence. . I proceed to direct that the remand period between 11.1.16 and 21.2.17 be taken into account in computing the 30 years imprisonment sentence .
    DAVID OMBASA OUMA VS The Republic DAVID OMBASA OUMA VS The Republic