[2023] KEHC 992 (KLR)
The High Court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not considering the period the applicant spent in custody before sentencing. The court held that the applicant was entitled to have the 15-year sentence run from the date of his arrest, June 9, 2014,...
Source-derived case information.
- Citation
- [2023] KEHC 992 (KLR)
- Parties
- Applicant: Kevin Ouma Ochola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E011 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review Ruling
- Outcome
- Application allowed. Sentence to run from date of arrest.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Credit for Time Served, Sexual Offences, Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kevin Ouma Ochola
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review Ruling
Legal Issues
- 1 Whether the trial court erred by failing to take into account the period the applicant spent in custody prior to sentencing.
- 2 Whether the applicant is entitled to have his sentence recalculated to include the period spent in pre-sentence custody.
Ratio Decidendi
The High Court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not considering the period the applicant spent in custody before sentencing. The court held that the applicant was entitled to have the 15-year sentence run from the date of his arrest, June 9, 2014, rather than from the date of conviction. The application for sentence review was therefore merited and allowed, ensuring the applicant receives credit for time already served in custody prior to sentencing.
Court Disposition
Application allowed. Sentence to run from date of arrest.
Orders
- The 15 years imprisonment imposed on Kevin Ouma Ochola shall be calculated from June 9, 2014, the date of his arrest.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Ochola v Republic (Miscellaneous Criminal Application E011 of 2023) [2023] KEHC 992 (KLR) (16 February 2023) (Ruling)
Neutral citation: [2023] KEHC 992 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E011 of 2023
RE Aburili, J
February 16, 2023
Between
Kevin Ouma Ochola
Applicant
and
Republic
Respondent
(Being an Application for sentence review in Judgment, conviction and sentence in Bondo PM SO No. 97/2014)
Ruling
1. The applicant Kevin Ouma Ochola was convicted and sentenced to serve 15 years imprisonment for the offence of gang rape contrary to Section 10 of the Sexual Offences Act, vide Bondo PM SO Case No 97/2014. The conviction was on October 8, 2014 according to his application and affidavit. He also claims that he was arrested on June 9, 2014 and that during sentencing, the trial court never took into account the period of 4 months that he spent in prison custody before being sentenced.
2. I have considered the application and affidavit. I have also perused the annexed committal warrant to prison dated October 8, 2014 which shows the offence, conviction and sentence imposed by Bondo PM’s court.
3. I am in agreement that the trial court never took into account the period spent in custody at the time of sentencing as required by Section 333(2) of the Criminal Procedure Code.
4. For the above reason, I find the application dated February 2, 2023 merited. I allow it and order that the 15 years imprisonment imposed on the convict herein Kevin Ouma Ochola shall be calculated form June 9, 2014 the date of his arrest.
5. I so order.
6. File closed.
Dated, signed and delivered at Siaya this 16th Day of February, 2023R.E. ABURILIJUDGE