Ekitela v Republic (Miscellaneous Criminal Application E013 of 2025) [2026] KEHC 4404 (KLR) (3 March 2026) (Ruling) Neutral citation: [2026] KEHC 4404 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT LODWAR MISCELLANEOUS CRIMINAL APPLICATION E013 OF 2025 PJO OTIENO, J MARCH 3, 2026 BETWEEN ETABO EKITELA ..................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. While the notice of Motion before the court today seeks the rights of a convicted person under section 333(2) CPC, that very question was dealt with in the judgment dated 25/10/2023 and delivered in Lodwar HCCR A. No.3 of 2020. 2. The question of period spent in remand custody having been dealt with and resolved, is therefore, not available for consideration for a second time. 3. The application is dismissed. 4. Let the judgment in HCCR A. No.E003/2020 be uploaded on the system and availed to the applicant by prison authorities. 5. Let this court file be closed. DATED, SIGNED AND DELIVERED THIS 3RD DAY OF MARCH, 2026. PATRICK J O OTIENO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4404/eng@2026-03-03 1
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