[2024] KEHC 4438 (KLR)
The court found that the applicant had been in custody since his arrest on 10th August 2004, and that the offence of robbery with violence was not bailable at the time. The court held that the 15-year imprisonment sentence should be calculated from the date of arrest, and since the applicant had already served close...
Source-derived case information.
- Citation
- [2024] KEHC 4438 (KLR)
- Parties
- Applicant: Nicholus Otieno Odero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E039 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review Application
- Outcome
- application allowed in part; sentence reviewed; applicant to be released unless otherwise lawfully held
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Robbery With Violence, Pretrial Custody, Resentencing, Bail Eligibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholus Otieno Odero
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the applicant's sentence should be reviewed to account for time spent in custody prior to conviction.
- 2 Whether the applicant is entitled to immediate release based on time already served.
Ratio Decidendi
The court found that the applicant had been in custody since his arrest on 10th August 2004, and that the offence of robbery with violence was not bailable at the time. The court held that the 15-year imprisonment sentence should be calculated from the date of arrest, and since the applicant had already served close to 20 years, he had served the sentence imposed during resentencing. The court therefore ordered his immediate release unless otherwise lawfully held.
Court Disposition
application allowed in part; sentence reviewed; applicant to be released unless otherwise lawfully held
Orders
- The 15-year imprisonment sentence shall be calculated from the date of arrest on 10th August 2004.
- The applicant, having served the sentence imposed during resentencing, shall be set at liberty forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
21 paragraphs
Odero v Republic (Miscellaneous Criminal Application E039 of 2024) [2024] KEHC 4438 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4438 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E039 of 2024
RE Aburili, J
April 25, 2024
Between
Nicholus Otieno Odero
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the Chief Magistrate’s Court Criminal Case No. 743 of 2004 at Kisumu)
Ruling
1. I have considered the application dated 13th March 2024 under certificate of urgency. I find no urgency involved. I decline to certify it as urgent.
2. However, noting the nature of the application which simply seeks for orders that the sentence be reviewed which is 15 years imprisonment, and the fact that the Applicant was in custody during the period of his trial which was pre-2010 situation where the offence of Robbery with violence was not bailable, I allow the application and order that the 15 year imprisonment shall be calculated from the date of arrest on 10th August 2004.
3. As the Convict Nicholus Otieno Odero has been in prison for now close to 20 years, I order that unless otherwise lawfully held, he has served the sentence imposed during resentencing. He shall be set at liberty forthwith unless otherwise lawfully held.
4. Signal to issue.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 25TH DAY OF APRIL, 2024R. E. ABURILIJUDGE