[2024] KEHC 12181 (KLR)
The court found that the applicant was only in custody for 40 days prior to the approval of his bond, not for 1 year and 3 months as claimed. The court held that, pursuant to Section 333(2) of the Criminal Procedure Code, the 40 days spent in custody must be deducted from the applicant's sentence. The application...
Source-derived case information.
- Citation
- [2024] KEHC 12181 (KLR)
- Parties
- Applicant: Erick Otieno Obar; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E201 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- Application partially allowed.
- Judges
- MS Shariff
- Legal Topics
- Sentence Review, Pre Sentence Custody Deduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Otieno Obar
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in pre-sentence custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant was in custody for 1 year and 3 months as alleged, or only for 40 days.
Ratio Decidendi
The court found that the applicant was only in custody for 40 days prior to the approval of his bond, not for 1 year and 3 months as claimed. The court held that, pursuant to Section 333(2) of the Criminal Procedure Code, the 40 days spent in custody must be deducted from the applicant's sentence. The application for deduction of 1 year and 3 months was rejected as unsubstantiated, but the court granted deduction for the actual period verified from the record.
Court Disposition
Application partially allowed.
Orders
- The applicant is entitled to a deduction of 40 days from his sentence pursuant to Section 333(2) of the Criminal Procedure Code.
- The file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Obar v Republic (Miscellaneous Criminal Application E201 of 2024) [2024] KEHC 12181 (KLR) (14 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12181 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E201 of 2024
MS Shariff, J
October 14, 2024
Between
Erick Otieno Obar
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Erick Otieno Obar has moved this court under the provisions of Section 333 (2) of the Criminal Procedure Code and beseeches this court to review his sentence of 3 years by deducting a period of 1 year and 3 months that he says he spent in custody.
2. Upon perusal of the proceedings of the trial court as annexed to this application I note that the Applicant took plea on 18. 9.2019 and his bond was approved on 29. 10. 2019 wherefore the Applicant had been in custody for 40 days only and not for 1 year and 3 months as he alleges.
3. On the balance I find that the Applicant has approached this court with tainted hands. However, I do hold that the 40 days that he spent in custody should be deducted during the computation of his sentence pursuant to the provisions of Section 333 (2) of the Criminal Procedure Code.
4. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE