[2023] KEHC 3144 (KLR)
The court found that the applicant was arrested on August 21, 2016, and although bond was granted and later reduced, there was no evidence that he was ever released on bond during the trial. Therefore, the entire period from arrest to sentencing should be credited towards his sentence. The court ordered that the...
Source-derived case information.
- Citation
- [2023] KEHC 3144 (KLR)
- Parties
- Applicant: George Ochieng Arika; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E047 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
- Outcome
- Application allowed. Sentence to run from date of arrest.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Defilement Offences, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ochieng Arika
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered in computing the sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was arrested on August 21, 2016, and although bond was granted and later reduced, there was no evidence that he was ever released on bond during the trial. Therefore, the entire period from arrest to sentencing should be credited towards his sentence. The court ordered that the twenty-year imprisonment term be computed from the date of arrest, August 21, 2016, in compliance with Section 333(2) of the Criminal Procedure Code.
Court Disposition
Application allowed. Sentence to run from date of arrest.
Orders
- The twenty (20) years imprisonment shall be calculated from date of arrest on August 21, 2016.
- Signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Arika v Republic (Miscellaneous Criminal Application E047 of 2022) [2023] KEHC 3144 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3144 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E047 of 2022
RE Aburili, J
April 12, 2023
Between
George Ochieng Arika
Applicant
and
Republic
Respondent
Ruling
1. The Applicant/Convict is George Ochieng Arika. He was convicted and sentenced to serve twenty (20) years for the offence of defilement for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the Sexual Offences Act.
2. He now prays that the period spent in custody be considered in line with Section 333(2) of the Criminal Procedure Code.
3. I have considered the application and perused the original court file in Winam Principal Magistrate’s Court Sexual Offences Case No 10 of 2016 which is available.
4. From the charge sheet dated August 26, 2016, the Applicant was arrested on August 21, 2016. He took plea on August 26, 2016. On September 9, 2016, the court granted him bond of Kshs 150,000/= and on October 7, 2016, the bond terms were reduced to Kshs 120,000/=. However, there is no evidence that he was released on bond during the trial.
5. In the circumstances, I allow the application as presented. I order that the twenty (20) years imprisonment shall be calculated from date of arrest on August 21, 2016.
6. Signal to issue.
7. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF APRIL, 2023R. E. ABURILIJUDGE