[2023] KEHC 2876 (KLR)
The court held that Section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be considered in the computation of the sentence. Since the applicants were sentenced to ten years imprisonment on November 26, 2020, but had been in custody since March 23, 2019, the...
Source-derived case information.
- Citation
- [2023] KEHC 2876 (KLR)
- Parties
- Applicant: Douglas Otieno Ochieng; Applicant: Brian Juma Ochieng; Applicant: Simon Ochieng Ongwen; Applicant: Mark Otieno Obuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E049 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Computation, Pretrial Detention Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Otieno Ochieng
Applicant
Brian Juma Ochieng
Applicant
Simon Ochieng Ongwen
Applicant
Mark Otieno Obuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in pretrial custody should be considered in computing the applicants. sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that Section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be considered in the computation of the sentence. Since the applicants were sentenced to ten years imprisonment on November 26, 2020, but had been in custody since March 23, 2019, the court ordered that their sentence be computed from the date of arrest, provided they were not released on bond during the trial. The court emphasized that this computation is subject to verification by prison authorities regarding the applicants' custody status during the trial period.
Court Disposition
application allowed
Orders
- The ten years imprisonment imposed on the applicants shall be calculated from the date of arrest on March 23, 2019, if the convicts were not on bond pending trial and this fact can be verified by the prisons authorities.
- Order/signal to issue and served on the convicts through prison authorities.
Full Case Text
Judgment text and source record
27 paragraphs
Ochieng & 3 others v Republic (Miscellaneous Criminal Application E049 of 2022) [2023] KEHC 2876 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2876 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E049 of 2022
RE Aburili, J
March 24, 2023
Between
Douglas Otieno Ochieng
1st Applicant
Brian Juma Ochieng
2nd Applicant
Simon Ochieng Ongwen
3rd Applicant
Mark Otieno Obuor
4th Applicant
and
Republic
Respondent
Ruling
1. The four (4) Applicants herein Douglas Otieno Ochieng, Brian Juma Ochieng, Simon Ochieng Ongwen and Mark Otieno Obuor by their application filed in court on April 19, 2022 seek for orders that the court takes into account Section 333(2) of the Criminal Procedure Code in computing their sentence of ten (10) years imprisonment imposed on them on November 26, 2020 in High Court Criminal Case No 13 of 2019 from the date of arrest on March 23, 2019, a period of eight (8) months.
2. Despite the Deputy Registrar calling for the trial court file High Court Criminal No 13 of 2019, no action has been taken. I allow the application and grant the orders sought.
3. I order that the ten (10) years imprisonment imposed on the Convicts/Applicants herein on March 26, 2020 shall be calculated from the date of arrest on March 23, 2019, if the convicts were not on bond pending trial and this fact can be verified by the prisons authorities.
4. Order/signal to issue and served on the convicts through prison authorities.
5. File closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R E ABURILIJUDGE