[2024] KEHC 14343 (KLR)
The court found that although the applicant was sentenced to the mandatory minimum of 10 years for rape, Section 333(2) of the Criminal Procedure Code obliges the court to take into account any period spent in custody prior to sentencing. The record showed the applicant was arrested on 16/2/2018 and there was no...
Source-derived case information.
- Citation
- [2024] KEHC 14343 (KLR)
- Parties
- Applicant: Oduma Obata; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E109 of 2023
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Sentence Computation/revision
- Outcome
- application allowed in part
- Judges
- RE Aburili
- Legal Topics
- Sentence Computation, Pretrial Custody Credit, Sexual Offences, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oduma Obata
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Sentence Computation/revision
Legal Issues
- 1 Whether the period of 8 months spent in pretrial custody by the applicant should be considered in the computation of his 10-year sentence for rape.
- 2 Whether Section 333(2) of the Criminal Procedure Code mandates the court to take into account time spent in custody before sentencing.
Ratio Decidendi
The court found that although the applicant was sentenced to the mandatory minimum of 10 years for rape, Section 333(2) of the Criminal Procedure Code obliges the court to take into account any period spent in custody prior to sentencing. The record showed the applicant was arrested on 16/2/2018 and there was no evidence he was released on bond after plea. Therefore, the court ordered that the 10-year sentence be computed from the date of arrest, ensuring the applicant receives credit for the 8 months spent in pretrial custody. This approach aligns with statutory requirements and ensures fairness in the administration of criminal justice.
Court Disposition
application allowed in part
Orders
- The 10 years imprisonment imposed on Oduma Obata shall be calculated from 16/2/2018, the date of his arrest.
- Signal to issue for sentence computation as ordered.
Full Case Text
Judgment text and source record
20 paragraphs
Obata v Republic (Criminal Miscellaneous Application E109 of 2023) [2024] KEHC 14343 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14343 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E109 of 2023
RE Aburili, J
November 8, 2024
Between
Oduma Obata
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Oduma Obata was convicted of rape contrary to Section 3(1) as read with Section 3 (3) of the Sexual Offences Act vide Bondo PM Sexual Offence Case. No. 08/2018. He was sentenced to serve 10 years imprisonment on 4/9/2018.
2. He applied vide Siaya HCR Revision 8/2020 which was dismissed on 20/3/2020.
3. The convict is before the count again vide his application dated 26/6/2023 seeking for consideration of the 8 months spent in custody during trial to be considered in his sentence.
4. I have perused the application and the trial court record.
5. When the applicant took plea of not guilty on 21/2/2018 he was granted bond of Kshs 100,000/= plus one surety of similar amount. There is however no evidence that the Applicant was released on bond. The 10 years imprisonment was the mandatory minimum. The trial court could have imposed more. However, in view of Section 333 (2) of the Criminal Procedure Code. I order that the 10 years imprisonment shall be calculated from 16/2/2018, date of arrest of the convict herein Oduma Obata. Signal to issue. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF NOVEMBER, 2024R. E. ABURILIJUDGE