[2023] KEHC 19008 (KLR)
The court held that, although the applicant did not annex court proceedings to prove his period in custody, judicial notice was taken of the legal position prior to the 2010 Constitution, where bail was not granted for capital offences. The court gave the applicant the benefit of doubt and ordered that his 25-year...
Source-derived case information.
- Citation
- [2023] KEHC 19008 (KLR)
- Parties
- Applicant: Kennedy Juma Ogolla; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E030 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Calculation, Pretrial Custody Credit, Murder Offence, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Juma Ogolla
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody during trial should be considered in calculating the applicant's sentence.
- 2 Whether the applicant is entitled to have his 25-year sentence run from the date of arrest despite lack of annexed proceedings.
Ratio Decidendi
The court held that, although the applicant did not annex court proceedings to prove his period in custody, judicial notice was taken of the legal position prior to the 2010 Constitution, where bail was not granted for capital offences. The court gave the applicant the benefit of doubt and ordered that his 25-year sentence be calculated from the date of arrest, August 1, 2007, thereby crediting the period spent in pretrial custody towards his sentence.
Court Disposition
application allowed
Orders
- The 25 years’ imprisonment imposed on the applicant shall be calculated from the date of his arrest on August 1, 2007.
- This file is hereby closed.
Full Case Text
Judgment text and source record
22 paragraphs
Juma v Republic (Miscellaneous Criminal Application E030 of 2023) [2023] KEHC 19008 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19008 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E030 of 2023
RE Aburili, J
June 19, 2023
Between
Kennedy Juma
Applicant
and
Republic
Respondent
Ruling
1. This file is similar to HC Misc Criminal Application No E051 of 2022 filed on April 26, 2022. In the present matter, the Applicant Kennedy Juma Ogolla seeks from this court orders that this court do consider the period spent in custody during his trial in Kisumu HCCR No 32 of 2007. That he was arrested on August 1, 2007 and convicted on March 14, 2012 which was close to 3 years and that he was sentenced to serve 25 years’ imprisonment.
2. The offence for he was convicted and sentenced was Murder contrary to Section 203 as read with Section 204 of the Penal Code.
3. Although the convict has not annexed court proceedings and judgment as I have held before in other proceedings, to demonstrate that he was in prison custody pending hearing and sentence, I take judicial notice of the fact that prior to the 2010 Constitution, Bail was not a right of every accused person.
4. In capital offences like murder, robbery with violence and treason, no bail was granted to the accused person.
5. I shall therefore give the convict/applicant herein the benefit of doubt and allow his application and order that the 25 years’ imprisonment imposed on him shall be calculated from the date of his arrest on August 1, 2007.
6. This file is hereby closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF JUNE, 2023R. E. ABURILIJUDGE