[2024] KEHC 11837 (KLR)
The court found that the only valid ground for reconsidering the applicant's sentence was the period he spent in custody prior to being released on bond, as mandated by Section 333(2) of the Criminal Procedure Code. The judge determined that the applicant was arrested on 4/8/2021 and released on bond on 24/5/2022....
Source-derived case information.
- Citation
- [2024] KEHC 11837 (KLR)
- Parties
- Applicant: Robert Ouko Mbinga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E041 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Sentence Review Ruling
- Outcome
- Application for sentence review allowed to the extent that the sentence shall be computed from the date of arrest, taking into account the period spent in custody before release on bond.
- Judges
- RE Aburili
- Legal Topics
- Robbery With Violence, Sentence Review, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ouko Mbinga
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Sentence Review Ruling
Legal Issues
- 1 Whether the applicant is entitled to a review and reduction of sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the period spent in custody prior to release on bond should be considered in computing the applicant's sentence.
Ratio Decidendi
The court found that the only valid ground for reconsidering the applicant's sentence was the period he spent in custody prior to being released on bond, as mandated by Section 333(2) of the Criminal Procedure Code. The judge determined that the applicant was arrested on 4/8/2021 and released on bond on 24/5/2022. Therefore, the sentence of 20 years imprisonment should be computed from the date of arrest, ensuring that the period spent in custody is duly credited towards the sentence. The court allowed the application to this extent and ordered that the sentence be recalculated accordingly.
Court Disposition
Application for sentence review allowed to the extent that the sentence shall be computed from the date of arrest, taking into account the period spent in custody before release on bond.
Orders
- The sentence of 20 years imprisonment shall be calculated from the date of arrest on 4/8/2021, taking into account the period spent in custody prior to release on bond on 24/5/2022.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
Mbinga v Republic (Criminal Miscellaneous Application E041 of 2024) [2024] KEHC 11837 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11837 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E041 of 2024
RE Aburili, J
September 27, 2024
Between
Robert Ouko Mbinga
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and Sentence in Siaya CM’s Court vide Criminal Case No. E573 of 2021 delivered by Hon. Lester Simiyu, SPM on 25/1/2024)
Ruling
1. The Applicant Robert Ouko Mbinga was convicted of the offence of robbery with violence contrary to Section 296(2) of the Penal Code vide Siaya SPM Cr Case No. E573/2021. He was sentenced to serve 20 years imprisonment on 25/1/2024.
2. He now applies for sentence review and reduction vide his application dated 28/3/2024. I have considered the application and what he claims to be mitigation alleging that his children being orphaned because their uncle died and wants Section 333 (2) to be applied.
3. I observe that on 24/5/2022, the convict herein was released on bond pending trial. The charge sheet shows that he was arrested on 4/8/2021.
4. The latter is the only ground upon which I can reconsider his plea, noting that Section 333 (2) of the CPC provides that the sentence shall take into account the period spent n custody prior to sentencing or being released on bond.
5. I allow the application dated 28/3/2024 to the effect that 20 years imprisonment shall be calculated from date of arrest on 4/8/2021 as per the charge sheet n the lower court and 24/5/2022 when he was released on bond pending trial.
6. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE