[2024] KEHC 14342 (KLR)
The court found that the applicant was arrested on 29/6/2020 and remained in custody until his sentencing on 7/9/2020, as there was no evidence that he was released on bond. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period spent in custody must be taken into account when...
Source-derived case information.
- Citation
- [2024] KEHC 14342 (KLR)
- Parties
- Applicant: David Otieno Atindah; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E116 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Sexual Offences, Defilement, Sentence Calculation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
David Otieno Atindah
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in the applicant's sentence.
- 2 Whether the applicant is entitled to have his sentence computed from the date of arrest.
Ratio Decidendi
The court found that the applicant was arrested on 29/6/2020 and remained in custody until his sentencing on 7/9/2020, as there was no evidence that he was released on bond. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period spent in custody must be taken into account when computing the applicant's sentence. Consequently, the sentence imposed on the applicant shall be calculated from the date of arrest, 29/6/2020, ensuring that the applicant receives credit for the time already served in custody prior to sentencing.
Court Disposition
application allowed
Orders
- The sentence imposed on the convict David Otieno Atindah shall be calculated from the date of arrest on 29/6/2020.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Atindah v Republic (Miscellaneous Criminal Application E116 of 2023) [2024] KEHC 14342 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14342 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E116 of 2023
RE Aburili, J
November 8, 2024
Between
David Otieno Atindah
Applicant
and
Republic
Respondent
Ruling
1. The Applicant David Otieno Atindah is a convict of defilement contrary to Section 8(1) as read with Section 8(2) of the Sexual Offences Act, vide Bondo SPM SO Case NO. 45/2020. He was sentenced to serve 15 years imprisonment on 7/9/2020.
2. He appealed vide Siaya HCRA 12/2020 which appeal was set down for hearing on merit but on 19/10/2021, the applicant herein applied to have his appeal withdrawn and the court marked the appeal as wholly withdrawn and closed the file.
3. The Applicant is back vide his application dated /filed on 3/8/2023 seeking to have the period spent in custody to be from 29/6/2020 to 7/9/2020 to be considered in his sentence.
4. I have perused the application and the trial court record. The applicant was arrested on 29/6/2020 according to the charge sheet dated 30/6/2020. He took plea on the same day and was granted bond of Kshs 100,000/= plus one surety of similar amount but here is no evidence that he was processed for release on boned. I allow the application dated and filed on 3/8/2024 and order that the sentence imposed on the convict Daniel Otieno Atindah shall be calculated from the date of arrest on 29/6/2020.
5. Signal to issue. This file is closed.I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF NOVEMBER, 2024. R. E. ABURILIJUDGE