[2023] KEHC 3154 (KLR)
The court held that the applicant is entitled to have the period spent in custody between his arrest and sentencing deducted from his total term of imprisonment. The judge found that, although the court proceedings were not annexed to the application, the prison authorities could verify the applicant's custodial...
Source-derived case information.
- Citation
- [2023] KEHC 3154 (KLR)
- Parties
- Applicant: Kennedy Denge Ochieng alias Gilden Ochieng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E125 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Computation, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Denge Ochieng alias Gilden Ochieng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be computed from the date of arrest rather than the date of sentencing.
- 2 Whether the period spent in custody pending trial should be considered in the computation of the applicant's prison term.
Ratio Decidendi
The court held that the applicant is entitled to have the period spent in custody between his arrest and sentencing deducted from his total term of imprisonment. The judge found that, although the court proceedings were not annexed to the application, the prison authorities could verify the applicant's custodial status during the relevant period. Accordingly, the court ordered that the applicant's four-year sentence be computed from the date of arrest, February 8, 2022, to the date of sentencing, May 10, 2022, in accordance with the law and established sentencing principles.
Court Disposition
application allowed
Orders
- The applicant's prison term shall be calculated from the date of arrest on February 8, 2022, until the date of sentencing on May 10, 2022.
- Prison authorities to be notified forthwith.
Full Case Text
Judgment text and source record
21 paragraphs
Ochieng v Republic (Miscellaneous Criminal Application E125 of 2022) [2023] KEHC 3154 (KLR) (12 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3154 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E125 of 2022
RE Aburili, J
April 12, 2023
Between
Kennedy Ndege Ochieng alias Gilden Ochieng
Applicant
and
Republic
Respondent
Ruling
1. The Applicant is Kennedy Denge Ochieng alias Gilden Ochieng. By his application dated November 22, 2022 he seeks orders that the four (4) years imprisonment meted out on him for the offence of stealing good contrary to Section 278 of the Penal Codebe calculated from the date of arrest on February 8, 2022 to the date of sentencing on May 10, 2022 which is 3 months and 2 days.
2. I have considered the application and the annexed warrant of commitment for a sentence of imprisonment dated May 10, 2022. Although court proceedings are not annexed, the prison authorities can verify whether the convict had been in custody pending trial in this matter of short term sentence.
3. I allow the application. I order that the prison term as imposed on the Convict/Applicant herein Kennedy Denge Ochieng alias Gilden Ochieng shall be calculated from the date of his arrest on February 8, 2022 until he was sentenced on May 10, 2022.
4. Prisons to be notified forthwith.
5. I so order.
6. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF APRIL, 2023R. E. ABURILIJUDGE