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1. Dennis Aruba Benard Oyugi Charles Ondiba and Boniface Nyaberi Filed Misc application number E019 of 2025, E014 of 2025 E023 of 2025 and E022 of 2025 respectively seeking that the remand period of 3 years be considered in computation of their sentences under Section 333(2) of the Criminal procedure Code.
2. The matters emanate from the same trial, file i.e Kisii Criminal case no 109 of 2012 . the state did not oppose the application .
3. I have seen the decision of the court of appeal in this matter i.e Criminal appeal no. 313 of 2019 dated 13th February 2025 where the court of appeal upheld both their sentence and the conviction of the applicants . The Court of Appeal is the last sentencing court herein and it extensively addressed the issue of sentencing of the applicants . The applicants ought to have raised the issue of remand period in that appeal or filed the instant application in that court . This court thus lacks jurisdiction to interfere with the decision of the Court of Appeal
4. The applications are thus struck out. The orders herein to apply to Kisii High Court Misc application numbers E014 of 2025 , E023 of 2025 and E022 of 2025
T.A ODERA
JUDGE
9.9.25
DELIVERED VIRTUALLY IN THE4 PRESENCE OF :
The applicants
Mr Koima for prosecution
Court Assistant - Roseline
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1. Dennis Aruba Benard Oyugi Charles Ondiba and Boniface Nyaberi Filed Misc application number E019 of 2025, E014 of 2025 E023 of 2025 and E022 of 2025 respectively seeking that the remand period of 3 years be considered in computation of their sentences under Section 333(2) of the Criminal procedure Code.
2. The matters emanate from the same trial, file i.e Kisii Criminal case no 109 of 2012 . the state did not oppose the application .
3. I have seen the decision of the court of appeal in this matter i.e Criminal appeal no. 313 of 2019 dated 13th February 2025 where the court of appeal upheld both their sentence and the conviction of the applicants . The Court of Appeal is the last sentencing court herein and it extensively addressed the issue of sentencing of the applicants . The applicants ought to have raised the issue of remand period in that appeal or filed the instant application in that court . This court thus lacks jurisdiction to interfere with the decision of the Court of Appeal
4. The applications are thus struck out. The orders herein to apply to Kisii High Court Misc application numbers E014 of 2025 , E023 of 2025 and E022 of 2025
T.A ODERA
JUDGE
9.9.25
DELIVERED VIRTUALLY IN THE4 PRESENCE OF :
The applicants
Mr Koima for prosecution
Court Assistant - Roseline
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