[2022] KEHC 11036 (KLR)
The court found that the applicant had already completed his sentence on 6/7/2022 when the period spent in custody prior to sentencing was taken into account as required by Section 333(2) of the Criminal Procedure Code. The continued detention of the applicant beyond this date was unlawful and without basis in law....
Source-derived case information.
- Citation
- [2022] KEHC 11036 (KLR)
- Parties
- Applicant: Bruce Wanjala Odinya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E073 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- JN Kamau
- Legal Topics
- Stealing Offence, Handling Stolen Property, Sentencing, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce Wanjala Odinya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was entitled to have the period spent in custody prior to sentencing considered under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the continued detention of the applicant after completion of sentence was lawful.
Ratio Decidendi
The court found that the applicant had already completed his sentence on 6/7/2022 when the period spent in custody prior to sentencing was taken into account as required by Section 333(2) of the Criminal Procedure Code. The continued detention of the applicant beyond this date was unlawful and without basis in law. The court therefore ordered the immediate release of the applicant from custody unless held for any other lawful cause.
Court Disposition
application allowed
Orders
- The applicant shall be released from custody forthwith unless held for any other lawful cause.
- Any Community Service Order recommendation is rendered moot as the applicant has completed his sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Odinya v Republic (Criminal Revision E073 of 2022) [2022] KEHC 11036 (KLR) (2 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11036 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E073 of 2022
JN Kamau, J
August 2, 2022
ORIGINALLY CR CASE NO E2836 OF 2021
Between
Bruce Wanjala Odinya
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of stealing contrary to Section 268 as read with Section 275 of the Penal Code Cap 63 (Laws of Kenya). He was also charged with the offence of handling stolen property contrary to Section 322 (2) (1) (sic) of the Penal Code. He was arrested on 4/11/2021 and arraigned in Court on 9/11/2021 when he denied the charges. He changed his plea and pleaded guilty to the charges on 15/2/2022. He was convicted and fined ksh.50,000/= on 10/3/2022 and in default to serve one (1) year imprisonment. The early release period by Prison was 10/11/2022. Being in mind the period between the date of his arrest and date of sentencing in line with Section 333 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya) the Applicant ought to have been released from prison on 6/7/2022. The Report by Abdirashid Osman Probation/Community Service Officer that was filed on 29/7/2022 recommended that he serves the remainder of his sentence under Community Service order at Bumala Police Station. Having noted that the Applicant completed his sentence on 6/7/2022, it is hereby directed that to be released from custody forthwith unless he be held for any other lawful cause as he is currently serving an illegal and unlawful sentence that has no basis in law. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 2ND DAY OF AUGUST 2022. J. KAMAUJUDGE