[2025] KEHC 8764 (KLR)

[2025] KEHC 8764 (KLR)

The court found that, based on the lower court record, the applicant was in custody for two distinct periods: from 3/1/2023 to 28/4/2023 (115 days) and from 16/5/2024 to 30/9/2024 (137 days), totaling 252 days. Section 333(2) of the Criminal Procedure Code mandates that such periods be taken into account when computing a sentence. The court therefore ordered that the Prisons authority deduct 252 days from the applicant's 10-year sentence, ensuring compliance with statutory requirements and upholding the applicant's rights under the law.

Citation
[2025] KEHC 8764 (KLR)
Parties
Applicant: Joseph Otieno Juma Alias Osama; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
20 June 2025
Case Number
Criminal Miscellaneous Application E236 of 2024
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody
Outcome
application allowed
Judges
A Mabeya
Legal Topics
Sentencing, Time Spent in Custody, Section 333 2 Criminal Procedure Code
Source Language
English
Criminal Law Sentencing Time Spent in Custody Section 333 2 Criminal Procedure Code

Case Brief

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Parties

Joseph Otieno Juma Alias Osama

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody

Legal Issues

  1. 1 Whether the period the applicant spent in custody during trial should be taken into account in computing his sentence as required by section 333(2) of the Criminal Procedure Code.

Ratio Decidendi

The court found that, based on the lower court record, the applicant was in custody for two distinct periods: from 3/1/2023 to 28/4/2023 (115 days) and from 16/5/2024 to 30/9/2024 (137 days), totaling 252 days. Section 333(2) of the Criminal Procedure Code mandates that such periods be taken into account when computing a sentence. The court therefore ordered that the Prisons authority deduct 252 days from the applicant's 10-year sentence, ensuring compliance with statutory requirements and upholding the applicant's rights under the law.

Court Disposition

application allowed

Orders

  • The Prisons authority shall deduct a total of 252 days from the applicant's 10-year sentence in accordance with section 333(2) of the Criminal Procedure Code.