[2024] KEHC 5115 (KLR)
The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not indicating whether the period the applicant spent in custody was considered in the sentence. The High Court held that this omission warranted revision of the sentence to ensure the applicant receives...
Source-derived case information.
- Citation
- [2024] KEHC 5115 (KLR)
- Parties
- Applicant: Godfrey Ochieng Nalo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E065 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Application allowed. Sentence revised to run from date of first arraignment.
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Custodial Sentence, Sexual Offences, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Godfrey Ochieng Nalo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered in computing the sentence imposed.
- 2 Whether the trial court erred by not specifying when the applicant's sentence was to commence.
Ratio Decidendi
The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not indicating whether the period the applicant spent in custody was considered in the sentence. The High Court held that this omission warranted revision of the sentence to ensure the applicant receives credit for time already served in custody. Accordingly, the sentence of 10 years imprisonment was ordered to run from the date the applicant was first arraigned in court, 21/11/2019, thereby giving effect to the statutory requirement and ensuring fairness in the computation of the custodial term.
Court Disposition
Application allowed. Sentence revised to run from date of first arraignment.
Orders
- The applicant shall serve 10 years imprisonment as ordered by the trial court, with the sentence to run from 21/11/2019, the date of first arraignment in court.
Full Case Text
Judgment text and source record
22 paragraphs
Nalo v Republic (Miscellaneous Criminal Application E065 of 2023) [2024] KEHC 5115 (KLR) (2 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5115 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E065 of 2023
DO Ogembo, J
May 2, 2024
Between
Godfrey Ochieng Nalo
Applicant
and
Republic
Respondent
(Being an Application for Sentence Review from Sentence in the PM’s at Bondo in Sexual Offence Case No. 82 of 2019 delivered on 15/7/2022 by Hon. S.W. Mathenge – SRM)
Ruling
1. The Applicant, Godfrey Ochieng Nalo, vide an application dated 31st May 2023 applies for Revision of his sentence.
2. The application is brought under Section 333 (2) of the Criminal Procedure Code. He pleads that the period he spent in custody while awaiting determination of his case be accounted for in his sentence.
3. I have considered this application I have also considered the record of proceedings of the lower court. Same show that the applicant was charged with the offence of Rape contrary to Section 3 (1) (a) (c) as read with Section 3 of the Sexual Offences Act, No. 3 of 2006.
4. He was subsequently tried, convicted and sentenced to serve 10 years imprisonment.
5. I have further perused the sentence proceedings of the lower court of 15/7/2020. In the said proceedings the court did not indicate when the sentence of the applicant would start running or if indeed the period the applicant spent in custody was accounted for in the sentence. The court ought to have done this pursuant to Section 333 (2) of the Criminal Procedure Code.
6. It is for this reason that I find merit in the application of the applicant. I allow the same and revise the sentence of the lower court. I order that the Applicant do serve 10 years imprisonment as ordered by the trial court. This sentence shall run from 21/11/2019 when the Applicant was first arraigned in court. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 2ND DAY OF MAY, 2024. D. O. OGEMBOJUDGE2/5/2024CourtRuling read out in Open Court in presence of the Applicant and Ms. Kerubo for the State.D. O. OGEMBOJUDGE2/5/2024CourtFile closed.D. O. OGEMBOJUDGE2/5/2024