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Omondi v Republic (Criminal Revision E351 of 2021) [2023] KEHC 1553 (KLR) (Crim) (1 March 2023) (Ruling)
Neutral citation:
[2023] KEHC 1553 (KLR)
Republic of Kenya
Criminal Revision E351 of 2021
LN Mutende, J
March 1, 2023
Between
Geoffrey Omondi
Applicant
and
Republic
Respondent
Ruling
1.Geoffrey Omondi, the applicant, was charged with the offence of rape contrary to section 3(1) of the Sexual Offences Act, following allegations of having violated sexually GA.
2.Having been taken through full trial he was found guilty, convicted and sentenced to serve seven (7) years imprisonment.
3.In an undated application filed herein on August 26, 2021, the applicant seeks review of the sentence on the ground that the trial court did not consider time spent in custody as required by section 333(2) of the CPC.
4.In its order, the trial court stated thus:
5.This being the case, this court has nothing to review. The court complied with section 333(2) of the CPC which provides that:
6.Accordingly, the application is devoid of merit. It is therefore dismissed.
7.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLYTHROUGH MICROSOFT TEAMS AT NAIROBI,THIS 1ST DAY OF MARCH, 2023.L. N. MUTENDE JUDGE
