[2022] KEHC 2256 (KLR)
The court had already directed in its sentencing ruling that the applicant's 20-year prison term was to be calculated from the date of his arrest, thereby taking into account the period spent in remand custody. However, the warrant of committal issued by the Deputy Registrar did not reflect this directive. The court...
Source-derived case information.
- Citation
- [2022] KEHC 2256 (KLR)
- Parties
- Applicant: Joseph Owino Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E016 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
- Outcome
- Application allowed to the extent of correcting the warrant of committal.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Remand Period Credit, Warrant of Committal, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Owino Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the period served in remand custody should be taken into account in computing the applicant's sentence.
- 2 Whether the warrant of committal accurately reflects the court's ruling on the commencement of sentence.
Ratio Decidendi
The court had already directed in its sentencing ruling that the applicant's 20-year prison term was to be calculated from the date of his arrest, thereby taking into account the period spent in remand custody. However, the warrant of committal issued by the Deputy Registrar did not reflect this directive. The court found it necessary to correct this administrative oversight to ensure the applicant receives the benefit of the time already served in remand, as required by law and the court's own ruling. The application for revision was thus addressed by directing the Deputy Registrar to reissue the warrant of committal to accurately reflect the commencement date of the sentence as the date...
Court Disposition
Application allowed to the extent of correcting the warrant of committal.
Orders
- The Deputy Registrar is directed to reissue the warrant of committal to prison to reflect that the 20-year sentence is to be calculated from the date of arrest as per the ruling on sentence dated 29/9/2020.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. E016 OF 2022
CORAM: HON. R.E. ABURILI, J
JOSEPH OWINO OTIENO..............................................................APPLICANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
(Being an Application arising from conviction and sentence of the High Court at Siaya in Criminal Case No. 20 of 2020)
RULING
1. On 29/9/2020, this court sentenced the accused person herein Joseph Owino Otieno to serve 20 years imprisonment upon finding him guilty of the offence of Murder contrary to Section 203 as read with 204 of the Penal Code.
2. The accused says that he has not appealed against conviction and sentence but wants revision of sentence because he is rehabilitated and wants the court to also take into account the period served in prison remand custody of 4 years.
3. I have considered the application which is not even supported by a sworn affidavit.
4. I observe that in paragraph 16 of the Ruling on sentence, I made it clear that the prison term of 20 years was to be calculated from the date of arrest of the accused person.
5. I however observe that the warrant of committal of sentence as signed by the Deputy Registrar does not state that the sentence was to be calculated from the date of arrest.
6. Accordingly, I direct that the Deputy Registrar do reissue the warrant of committal to prison to reflect the Ruling on sentence rendered on 29/9/2020.
7. I so direct. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF FEBRUARY, 2022
R.E. ABURILI
JUDGE