[2022] KEHC 9808 (KLR)
The court found that the trial court failed to comply with section 333(2) of the Criminal Procedure Code by not considering the period the applicant spent in remand custody prior to sentencing. The High Court held that the applicant's ten-year prison term should be computed from the date of his arrest, 17/4/2021,...
Source-derived case information.
- Citation
- [2022] KEHC 9808 (KLR)
- Parties
- Applicant: Geoffrey Owino Amenyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E069 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Remand Custody
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Remand Custody, Sexual Offences, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Owino Amenyi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Remand Custody
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence.
- 2 Whether the sentencing court erred by not applying section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the trial court failed to comply with section 333(2) of the Criminal Procedure Code by not considering the period the applicant spent in remand custody prior to sentencing. The High Court held that the applicant's ten-year prison term should be computed from the date of his arrest, 17/4/2021, thereby ensuring compliance with statutory requirements on sentencing and upholding the applicant's rights under the law.
Court Disposition
application allowed
Orders
- The applicant's ten-year prison term shall be calculated from the date of arrest, 17/4/2021.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Amenyi v Republic (Miscellaneous Criminal Application E069 of 2022) [2022] KEHC 9808 (KLR) (30 June 2022) (Ruling)
Neutral citation: [2022] KEHC 9808 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E069 of 2022
RE Aburili, J
June 30, 2022
Between
Geoffrey Owino Amenyi
Applicant
and
Republic
Respondent
(Being an Application arising from conviction and sentence of the Chief Magistrate’s Court at Siaya in Criminal Case No. E023 of 2021)
Ruling
1. The applicant convict is serving a ten year prison term for the offence of Rape contrary to section 3(1)(a)(c) of the Sexual Offences Act.
2. He was sentenced on 10/2/2022. He took plea on 19/4/2021 and was granted bond of Kshs. 100,000 plus one Surety of similar amount but there is no evidence that he was released on bond. He seeks for the court to consider the time he spent in remand custody.
3. I have considered the application.
4. The sentence imposed did not consider section 333(2) of the Criminal Procedure Code. I allow the application and order that the 10 year prison term shall be calculated from date of arrest on 17/4/2021.
5. The file is closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 30TH DAY OF JUNE, 2022R.E. ABURILIJUDGE