[2023] KEHC 2877 (KLR)
The court found that the applicant was arrested on December 17, 2006, and there was no evidence to the contrary. Given that suspects of murder were not granted bail pending trial before 2010, and the murder file could not be produced despite several attempts, the court gave the applicant the benefit of doubt. The...
Source-derived case information.
- Citation
- [2023] KEHC 2877 (KLR)
- Parties
- Applicant: John Ndeda Ochuodho; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E059 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Calculation, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ndeda Ochuodho
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period of six years spent in pretrial custody by the applicant should be taken into account in computing his sentence for murder.
- 2 Whether the applicant is entitled to have his sentence calculated from the date of arrest.
Ratio Decidendi
The court found that the applicant was arrested on December 17, 2006, and there was no evidence to the contrary. Given that suspects of murder were not granted bail pending trial before 2010, and the murder file could not be produced despite several attempts, the court gave the applicant the benefit of doubt. The court held that the twenty-five year sentence imposed on May 8, 2012, should be calculated from the date of arrest, thereby taking into account the six years spent in pretrial custody. This approach is consistent with Section 333(2) of the Criminal Procedure Code, which mandates that time spent in custody prior to conviction be considered in sentencing.
Court Disposition
application allowed
Orders
- The twenty-five years imprisonment imposed on the applicant on May 8, 2012, shall be calculated from the date of arrest on December 17, 2006, taking into account the six years spent in custody.
- Signal/order to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Ochuodho v Republic (Miscellaneous Criminal Application E059 of 2022) [2023] KEHC 2877 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2877 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E059 of 2022
RE Aburili, J
March 24, 2023
Between
John Ndeda Ochuodho
Applicant
and
Republic
Respondent
Ruling
1. The Convict/Applicant filed this application on May 10, 2022 seeking that the period spent in custody of six (6) years prior to being convicted for the offence of murder on May 8, 2012 be taken into account as the court ordered that the twenty five (25) years imprisonment for the offence of murder do taken into account the six (6) years spent in custody.
2. The court has on several occasions called for the murder file High Court Criminal No. 03 of 2007 at Kisumu but the same is not forthcoming despite summons issued to the archivist.
3. The applicant has indicated in his application that he was arrested on December 17, 2006. There is no contrary evidence and the prisons authorities can also verify since suspects of murder or robbery with violence were never granted bail pending trial prior to 2010.
4. In the premises, I shall give the Applicant/Convict the benefit of doubt and allow the application.
5. I order that the twenty five (25) years imprisonment imposed on the convict on May 8, 2012 shall take into account/calculated from the time the Convict/Applicant was in custody from date of arrest on December 17, 2006.
6. Signal/order to issue.
7. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE