Odwa v Republic (Miscellaneous Criminal Application E095 of 2022) [2023] KEHC 3090 (KLR) (28 March 2023) (Ruling) Neutral citation: [2023] KEHC 3090 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E095 OF 2022 RE ABURILI, J MARCH 28, 2023 BETWEEN JUSTUS OKORE ODWA ......................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant Justus Okore Odwa was convicted and sentenced to serve life imprisonment for the ofience of defilement contrary to section 8(1) (2) of the Sexual Offences Act as per his application herein and he claims that his appeal to the High Court from the Chief Magistrate’s Court Kisumu in sexual ofiences case No 74 of 2008 was dismissed vide HCCRA No 54 of 2009. 2. He now wants this court to apply section 333(2) of the Criminal Procedure Code on the period spent in custody. 3. Regrettably, as the life sentence is not a term sentence, the period spent in custody during the trial is immaterial. This application is found to be devoid of merit and is hereby dismissed as this court cannot substitute sentence lawfully imposed on the basis of an application under section 333(2) or article 165(3) (b) of the Constitution. The application is dismissed. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2023 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3090/eng@2023-03-28 1
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