[2023] KEHC 2982 (KLR)
The court found that the applicant was not on bond during trial and had spent one year and six months in custody prior to sentencing. The sentencing magistrate failed to consider section 333(2) of the Criminal Procedure Code, which mandates that the period spent in custody be deducted from the sentence imposed. The...
Source-derived case information.
- Citation
- [2023] KEHC 2982 (KLR)
- Parties
- Applicant: Evans Ondigo Francis; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E093 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Credit for Time Served, Sexual Offences, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Ondigo Francis
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.
- 2 Whether section 333(2) of the Criminal Procedure Code was complied with in the applicant's sentencing.
Ratio Decidendi
The court found that the applicant was not on bond during trial and had spent one year and six months in custody prior to sentencing. The sentencing magistrate failed to consider section 333(2) of the Criminal Procedure Code, which mandates that the period spent in custody be deducted from the sentence imposed. The High Court therefore ordered that the applicant's three-year sentence be computed from the date of his arrest, May 19, 2020, in compliance with the law.
Court Disposition
application allowed
Orders
- The three years imprisonment imposed on the convict shall be calculated from the date of arrest on May 19, 2020, as stipulated in section 333(2) of the Criminal Procedure Code.
- File closed.
Full Case Text
Judgment text and source record
20 paragraphs
Francis v Republic (Miscellaneous Criminal Application E093 of 2022) [2023] KEHC 2982 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2982 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E093 of 2022
RE Aburili, J
March 27, 2023
Between
Evans Ondigo Francis
Applicant
and
Republic
Respondent
Ruling
1. The convict/applicant Evans Ondigo Francis was convicted and sentenced to serve three (3) years imprisonment for the offence of Gang defilement contrary to section 10 of the Sexual Offences Act, as per warrant of commitment dated November 30, 2021 by Hon J Wambilyanga SPM vide Kisumu Chief Magistrate Sexual Offences Case No 22 of 2020.
2. He prays that the period of one (1) year and six (6) months spent in custody be taken into account with is from May 19, 2020.
3. I have considered the application. I observe that the convict was not on bond during trial. The sentence does not consider section 333(2) of the Criminal Procedure Code.
4. I hereby allow the application and order that The three (3) years imprisonment imposed on the convict shall be calculated from date of arrest on May 19, 2020 as stipulated in section 333(2) of the Criminal Procedure Code.
5. I so order. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF MARCH, 2023R. E. ABURILIJUDGE