[2023] KEHC 3085 (KLR)
The court found that, as bail in murder cases was not an automatic right prior to 2010 and the applicant's case originated in 2003, the period spent in custody prior to sentencing should be considered in computing the applicant's sentence. The court ordered that the twenty-year imprisonment imposed on October 1,...
Source-derived case information.
- Citation
- [2023] KEHC 3085 (KLR)
- Parties
- Applicant: Jackson Omondi Nyabwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E011 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application allowed.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pretrial Custody, Murder, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jackson Omondi Nyabwa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that, as bail in murder cases was not an automatic right prior to 2010 and the applicant's case originated in 2003, the period spent in custody prior to sentencing should be considered in computing the applicant's sentence. The court ordered that the twenty-year imprisonment imposed on October 1, 2010, be calculated from the date of the applicant's arrest, in compliance with section 333(2) of the Criminal Procedure Code.
Court Disposition
Application allowed.
Orders
- The twenty (20) years imprisonment imposed on Jackson Omondi Nyabwa on October 1, 2010, shall be calculated from the date of his arrest.
- The prison authorities are to verify the date of arrest of the convict.
Full Case Text
Judgment text and source record
20 paragraphs
Nyabwa v Republic (Miscellaneous Criminal Application E011 of 2023) [2023] KEHC 3085 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3085 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E011 of 2023
RE Aburili, J
March 28, 2023
Between
Jackson Omondi Nyabwa
Applicant
and
Republic
Respondent
Ruling
1. The convict/applicant herein Jackson Omondi Nyabwa was sentenced to serve twenty (20) years imprisonment on October 1, 2010 vide Kisumu HCCR No 52 of 2003 for the offence of murder.
2. He seeks for this court to take into account section 333(2) of the Criminal Procedure Code the period he spent in custody.
3. As bail in murder cases was not an automatic right prior to 2010 and in the transitional period, the case being a 2003 one, I find this application merited. I order that the twenty (20) years imprisonment imposed on Jackson Omondi Nyabwa on October 1, 2010 shall be calculated from date of his arrest.
4. The prison authorities to verify the date of arrest of the convict.
5. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2023R. E. ABURILIJUDGE