[2024] KEHC 11777 (KLR)
The court found that the applicant was arrested on 8/9/2022 and, although bond was granted, there was no evidence that the applicant availed the required security for approval. Consequently, the applicant remained in remand custody throughout the trial. Applying Section 333(2) of the Criminal Procedure Code, the...
Source-derived case information.
- Citation
- [2024] KEHC 11777 (KLR)
- Parties
- Applicant: Fredrick Otieno Msula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E048 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Defilement Offence, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Otieno Msula
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be taken into account under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant was in remand custody throughout the trial period.
Ratio Decidendi
The court found that the applicant was arrested on 8/9/2022 and, although bond was granted, there was no evidence that the applicant availed the required security for approval. Consequently, the applicant remained in remand custody throughout the trial. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period spent in custody must be considered in computing the applicant's sentence. The court therefore ordered that the sentence imposed on the applicant be calculated from the date of arrest, 8/9/2022, rather than the date of sentencing.
Court Disposition
application allowed
Orders
- The sentence imposed on Fredrick Otieno Msula shall be calculated from 8/9/2022, the date of his arrest.
- This file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Msula v Republic (Miscellaneous Criminal Application E048 of 2024) [2024] KEHC 11777 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11777 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E048 of 2024
RE Aburili, J
September 27, 2024
Between
Fredrick Otieno Msula
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence of Siaya CM’s S.O Case No. E025 of 2022 delivered by Hon. M. O. Wambani, (C.M) on 7/11/2023. )
Ruling
1. The Applicant Fredrick Otieno Msula was convicted of the offence of defilement contrary to Section 8(1) as read with Section 8(4) of the Sexual Offences Act. He was sentenced to serve ten (10) years imprisonment on 7/11/2023.
2. The convict now applies vide his application dated 10/6/2024 for consideration of Section 333 (2) of the CPC, for period spent in custody to be taken into account.
3. I have considered the application dated 10/6/2024 and perused the entire trial court file. The charge sheet shows that the convict was arrested on 8/9/2022 and he took plea on 12/9/2022. On the later date, he was granted bond of ksh200,000/= plus one security of similar amount. However, there is no evidence that he availed the security for approval.
4. For the above reasons that he was in remand custody throughout the trial, I find his application merited. I order that the sentence imposed shall be calculated from 8/9/2023 the date of arrest of the convict Fredrick Otieno Msula.
5. Signal to issue.This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27THDAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE