[2024] KEHC 15498 (KLR)
The court found that, according to the trial court records, the applicant was in remand custody from 15 February 2018 until 5 July 2018, when he was released on bond. Therefore, only 4 months, not 4 years as claimed by the applicant, should be factored into the 30-year sentence. The court further noted that the...
Source-derived case information.
- Citation
- [2024] KEHC 15498 (KLR)
- Parties
- Applicant: Kevin Otieno Awidhi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E074 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application partially allowed to the extent of factoring 4 months remand custody into sentence.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Review, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kevin Otieno Awidhi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period the applicant spent in remand custody should be factored into his 30-year sentence.
- 2 Whether the applicant is entitled to a reduction of 4 months or 4 years from his sentence based on time spent in custody.
Ratio Decidendi
The court found that, according to the trial court records, the applicant was in remand custody from 15 February 2018 until 5 July 2018, when he was released on bond. Therefore, only 4 months, not 4 years as claimed by the applicant, should be factored into the 30-year sentence. The court further noted that the applicant's appeal is pending before the Court of Appeal, where he can canvass the issue of sentence review. The application for factoring in a longer remand period was thus not merited beyond the 4 months established by the records.
Court Disposition
Application partially allowed to the extent of factoring 4 months remand custody into sentence.
Orders
- The period of 4 months spent in remand custody by the applicant shall be factored into his 30-year sentence.
- Any further review of sentence should be canvassed in the pending appeal before the Court of Appeal.
Full Case Text
Judgment text and source record
18 paragraphs
Awidhi v Republic (Miscellaneous Criminal Application E074 of 2024) [2024] KEHC 15498 (KLR) (4 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15498 (KLR)
Republic of Kenya
In the High Court at Migori
Miscellaneous Criminal Application E074 of 2024
A. Ong’injo, J
December 4, 2024
Between
Kevin Otieno Awidhi
Applicant
and
Republic
Respondent
Ruling
1. The Applicant seeks that the period he took in remand custody be factored in his sentence of 30 years.
2. He claimed that he was arrested on 15. 2.2018 and remained in custody upto 5th October 2022 when he was sentenced. The release order for the Applicant found in the records of the trial court it was issued on dated 5th July 2018 when his nephew Moris Ouma, stood surety for him. He is therefore entitled to 4 months which should be factored in his sentence of 30 years and not 4 years as alleged.
3. The Applicant’s appeal is also pending in the Court Appeal and he should be able to canvass the issue of review of his sentence therein.
DELIVERED DATED AND SIGNED AT MIGORI THIS 4THDAY OF DECEMBER, 2024. ……………………………..A. ONG’INJOJUDGEJudgment delivered in the presence ofMr.Oimbo for RespondentNo appearance for Appellant – Held in NaivashaLola – Court Assistant