Erick Ochieng Okelo v Republic [2020] KEHC 6239 (KLR)
- Court
- High Court of Kenya
- Case number
- 6239
- Citation
- [2020] KEHC 6239 (KLR)
- Decided
- 8 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Criminal ApplicationPostureApplication for review of sentenceCoramOGEMBO D. O.
Holding
The application is dismissed and the applicant is ordered to serve his sentence as ordered by the trial court
Facts
The applicant was convicted of Gang Rape and sentenced to 10 years imprisonment. He seeks review of the sentence to account for the remand custody period.
Issues
- Whether the sentence should account for the remand custody period
- Whether the application is brought under section 333(2) of the Criminal Procedure Code
Reasoning
The trial magistrate took into account the remand custody period when sentencing the applicant. The application is based on section 333(2) of the Criminal Procedure Code, which allows for the sentence to account for remand custody.
Outcome
Dismissed
Orders
- The applicant is ordered to serve his sentence as ordered by the trial court
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sexual Offences Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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