[2023] KEHC 2984 (KLR)
The court found that the applicant was entitled to have the period spent in custody prior to sentencing taken into account in the computation of his fifteen-year sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The judge ordered that the sentence be calculated from the date of arrest, and...
Source-derived case information.
- Citation
- [2023] KEHC 2984 (KLR)
- Parties
- Applicant: Meshack Omondi Odhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E002 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Defilement, Sexual Offences Act, Time Spent in Custody, Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Omondi Odhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be taken into account under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in custody prior to sentencing taken into account in the computation of his fifteen-year sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The judge ordered that the sentence be calculated from the date of arrest, and directed the prison authorities to verify and compute the period accordingly. The application was allowed, ensuring compliance with statutory sentencing requirements and upholding the applicant's rights.
Court Disposition
application allowed
Orders
- The fifteen (15) year sentence imposed on the applicant shall be calculated from the date of arrest.
- Prison authorities to verify from the committing/convicting court and compute the same.
Full Case Text
Judgment text and source record
20 paragraphs
Odhiambo v Republic (Miscellaneous Criminal Application E002 of 2022) [2023] KEHC 2984 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2984 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E002 of 2022
RE Aburili, J
March 27, 2023
Between
Meshack Omondi Odhiambo
Applicant
and
Republic
Respondent
Ruling
1. The Convict Meshack Omondi Odhiambo was sentenced to serve life imprisonment for the offence of defilement contrary to Section 8(1) as read with section 8(2) of the Sexual Offences Act.
2. He appealed to the High Court which reduced the sentence to fifteen (15) years imprisonment as per the Warrant of commitment dated January 31, 2018 from Maseno Senior Principal Magistrate Sexual Offence Case No 960 of 2012. He now seeks for orders that the period spent in custody be taken into account as per Section 333(2) of the Criminal Procedure Code.
3. I have considered the application which has been pending in this court since January 5, 2022. I allow the application and order that the fifteen (15) years re-imposed on the applicant shall be calculated from date of arrest.
4. The Prison authorities to verify from the committing/convicting court and compute the same.
5. File closed. I so order.
Dated, Signed and Delivered at Kisumu this 27th Day of March, 2023R. E. ABURILIJUDGE