[2024] KEHC 11846 (KLR)
The court found that the sentencing magistrate failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was arrested on 3/11/2023 and remained in custody until sentencing on 29/2/2024, with no evidence of release on...
Source-derived case information.
- Citation
- [2024] KEHC 11846 (KLR)
- Parties
- Applicant: Maurice Otieno Amollo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E057 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Pre Sentence Custody, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Otieno Amollo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
Legal Issues
- 1 Whether the sentencing court erred by failing to consider the period the applicant spent in custody prior to sentencing.
- 2 Whether Section 333(2) of the Criminal Procedure Code should be applied to reduce the applicant's sentence accordingly.
Ratio Decidendi
The court found that the sentencing magistrate failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was arrested on 3/11/2023 and remained in custody until sentencing on 29/2/2024, with no evidence of release on bond. The court held that the three-year imprisonment term should be computed from the date of arrest, thereby ensuring compliance with the statutory mandate to account for time already served. The application for review was therefore merited and allowed.
Court Disposition
application allowed
Orders
- The application dated 19/6/2024 is allowed.
- The three years imprisonment shall be calculated from 3/11/2023, the date of arrest of the convict Maurice Otieno Amollo.
Full Case Text
Judgment text and source record
21 paragraphs
Amollo v Republic (Miscellaneous Criminal Application E057 of 2024) [2024] KEHC 11846 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11846 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E057 of 2024
RE Aburili, J
September 27, 2024
Between
Maurice Otieno Amollo
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence of Madiany PM’s Court vide Criminal Case No. 283 of 2023 delivered by Hon. Eric Malesi dated 01/2/2024)
Ruling
1. The applicant is Maurice Otieno Amollo. He was convicted of the offence of stealing a motor cycle contrary to Section 278 A of the Penal Code. He was sentenced to serve three (3) years imprisonment on 29/2/2024. He now applies that Section 333 (2) of the Criminal Procedure Code be considered being the period spent in custody.
2. I have perused the trial court record Madiany PM’s CR. E283/2023. The charge sheet dated 6/11/2023 shows that the applicant was arrested on 3/11/2023. He took plea on 6/11/2023.
3. There is no evidence of the applicant being released on bond pending trial after the prosecution did urge the court limits the bond terms to a surety since the accused had disappeared from September 2022 to 3/11/2023, more than a year.
4. Accordingly, I find this application dated 19/6/2024 merited as the sentencing court did not consider the period spent in custody. I allow the application dated 19/6/2024 and order that the 3 years imprisonment shall be calculated from 3/11/2023, the date of arrest of the convict Maurice Otieno Amollo.
5. Signal to issue.This file is closed.I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE