[2019] KEHC 2645 (KLR)
The court found that since the appellant was in custody from the date of arrest and was not released on bond during the trial for murder and subsequently manslaughter, it was just and in accordance with Section 333(2) of the Criminal Procedure Code to revise the sentence to run from the date of arrest. The...
Source-derived case information.
- Citation
- [2019] KEHC 2645 (KLR)
- Parties
- Appellant: David Otieno Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence revised
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Manslaughter, Custodial Sentence Calculation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Otieno Okoth
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant's sentence should be computed from the date of arrest as per Section 333(2) of the Criminal Procedure Code.
- 2 Whether the withdrawal of the appeal affects the court's power to revise the sentence commencement date.
Ratio Decidendi
The court found that since the appellant was in custody from the date of arrest and was not released on bond during the trial for murder and subsequently manslaughter, it was just and in accordance with Section 333(2) of the Criminal Procedure Code to revise the sentence to run from the date of arrest. The withdrawal of the appeal did not preclude the court from granting this relief, as no prejudice would be occasioned to the respondent. The sentence was thus revised to 10 years imprisonment, calculated from 22.7.2016, the date of arrest.
Court Disposition
sentence revised
Orders
- The appellant’s sentence is revised to 10 years imprisonment to be calculated from 22.7.2016, the date of arrest.
- Orders accordingly.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL APPEAL NO. 65 OF 2019
DAVID OTIENO OKOTH ......................... APPELLANT
VERSUS
REPUBLIC ................................................ RESPONDENT
(Being an Appeal against sentence in Bondo HCCR. Case No. 1053 of 2018 dated 16. 8.2019 before Hon. E.N. Wasike - SRM).
JUDGMENT
1. As the Appellant has withdrawn his appeal and prays that the Court consider his sentence to run from the date he was arrested on 22. 7.2016, I see no prejudice in granting the prayers as sought taking into account the fact that he was initially charged with the offence of Murder which was reduced to Manslaughter. The proviso to Section 333(2) of the Criminal Procedure Code allows the court to consider sentence to run from the time a convict was held in custody.
2. Accordingly, the appellant’s sentence is hereby revised to 10 years imprisonment to be calculated from 22. 7.2016 when the appellant was arrested and held in custody as the Appellant was not on bond during his trial for Murder and Manslaughter.
3. Orders accordingly.
Dated signed and delivered at Siaya This 5th Day of November, 2019.
R. E. ABURILI
JUDGE