[2025] KEHC 2640 (KLR)
The High Court found that although the trial court noted the applicant had spent time in remand, it did not specifically state that this period was considered when pronouncing the sentence. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken into...
Source-derived case information.
- Citation
- [2025] KEHC 2640 (KLR)
- Parties
- Applicant: Dancan Omondi Ocharo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E036 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application allowed in part
- Judges
- JK Sergon
- Legal Topics
- Sentencing, Remand Periods, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dancan Omondi Ocharo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be deducted from the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court considered the period spent in remand when passing sentence.
Ratio Decidendi
The High Court found that although the trial court noted the applicant had spent time in remand, it did not specifically state that this period was considered when pronouncing the sentence. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken into account. The court established that the applicant was in custody for 1 year and 1 month before sentencing. Accordingly, the High Court ordered that this period be deducted from the 8-year sentence imposed by the trial court, resulting in a revised sentence of 6 years and 11 months imprisonment from the date of the original sentence.
Court Disposition
application allowed in part
Orders
- The period of 1 year and 1 month spent in custody by the applicant prior to sentencing shall be deducted from the sentence of 8 years imprisonment imposed by the trial court.
- The applicant shall serve 6 years and 11 months imprisonment from the date of sentence by the trial court, i.e., 18th December, 2020.
Full Case Text
Judgment text and source record
21 paragraphs
Ocharo v Republic (Miscellaneous Criminal Application E036 of 2022) [2025] KEHC 2640 (KLR) (6 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2640 (KLR)
Republic of Kenya
In the High Court at Kericho
Miscellaneous Criminal Application E036 of 2022
JK Sergon, J
March 6, 2025
Between
Dancan Omondi Ocharo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was sentenced to 8 years imprisonment for the offence of Grievous Harm Contrary to Section 234 of the Penal Code CAP 63 vide CMC Criminal Case No. 5212 of 2019 by Hon. E.W. Karani-RM on 18. 12. 2020.
2. The Applicant has made an application under section 333 (2) of the Criminal Procedure Code CAP 75 for inclusion of the period he was in custody prior to his sentence of 8 years imprisonment.
3. The prosecution opposed the said application, the learned prosecutor contended that the trial court considered the time spent in custody during sentencing and therefore the instant application ought to be dismissed.
4. This court has perused the record and finds that the applicant was arrested on 19. 11. 2019, he was arraigned in court on 20. 11. 2019 and given a bond of Kshs.100,000/= and 1 surety of similar amount, however, there is no indication that the applicant was released on bond. The applicant was sentenced on 18. 12. 2020, he was therefore in custody for a period of 1 year and 1 month during trial.
5. This Court has perused the proceedings of the Trial Court of which gave rise to the sentence meted out against the applicant. It is apparent from the record that the trial court noted that the Applicant spent in remand pending trial. While pronouncing the sentence of 10 years imprisonment, the Trial Magistrate did not specifically state that she took into account the period the Applicant spent in remand. Pursuant to the provisions of Section 333 (2) of the Criminal Procedure code, this Court hereby orders that the period of one (1) and one (1) month be deducted from the sentence of 8 years pronounced by the Trial Court.
6. Consequently, the Applicant herein namely: Duncan Omondi Ocharo should instead serve Seven (6) years (11) months imprisonment from the date of sentence by the Trial Court i.e. 18th December, 2020.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 6TH DAY OF MARCH, 2025. .........................J.K. SERGONJUDGEIn the presence of:C/Assistant - RutohProsecutor – OgutuApplicant – Present in Person