[2024] KECA 1530 (KLR)
The Court of Appeal found, upon perusal of the record, that the appellant was denied bail and remained in remand custody from the date of arraignment on 30th August 2016 until conviction and sentencing. Applying Section 333(2) of the Criminal Procedure Code, the court held that the thirty-year imprisonment sentence...
Source-derived case information.
- Citation
- [2024] KECA 1530 (KLR)
- Parties
- Appellant: Armstrong Ochieno Odio; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 228 of 2019
- Procedural Posture
- Criminal Appeal / Post Judgment Order on Sentence Computation
- Outcome
- Order granted: sentence to run from date of first remand.
- Judges
- JM Mativo, HM Okwengu, JM Ngugi
- Legal Topics
- Sentencing Computation, Remand Period Credit, Section 333 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Armstrong Ochieno Odio
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Post Judgment Order on Sentence Computation
Legal Issues
- 1 Whether the appellant is entitled to have the period spent in remand custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The Court of Appeal found, upon perusal of the record, that the appellant was denied bail and remained in remand custody from the date of arraignment on 30th August 2016 until conviction and sentencing. Applying Section 333(2) of the Criminal Procedure Code, the court held that the thirty-year imprisonment sentence imposed on the appellant must be computed to run from 30th August 2016, thereby crediting the appellant with the period already spent in custody. This ensures compliance with statutory requirements and fairness in sentencing.
Court Disposition
Order granted: sentence to run from date of first remand.
Orders
- The sentence of thirty (30) years imprisonment shall be computed to run from 30th August, 2016.
- A copy of this order shall be served on the appellant and the in-charge of the prison where he is being held.
Full Case Text
Judgment text and source record
21 paragraphs
Odio v Republic (Criminal Appeal 228 of 2019) [2024] KECA 1530 (KLR) (29 October 2024) (Order)
Neutral citation: [2024] KECA 1530 (KLR)
Republic of Kenya
In the Court of Appeal at Kisumu
Criminal Appeal 228 of 2019
JM Mativo, HM Okwengu & JM Ngugi, JJA
October 29, 2024
Between
Armstrong Ochieno Odio
Appellant
and
Republic
Respondent
(An appeal from the judgment of the High Court of Kenya at Busia (Kiarie J.) dated 6th May 2019 in HCCRA No. 23 of 2016)
Order
1. On 20th September, 2024, the Judgment of this Court was delivered by a Single Judge through the Go To Meeting Virtual Platform. The appellant’s appeal against conviction was dismissed, but the appeal against sentence was allowed to the limited extent of substituting the death penalty to life imprisonment and translating the indefinite life imprisonment to a term of thirty (30) years imprisonment.
2. After delivery of the judgment the appellant requested that he be allowed the benefit of Section 333 of the Criminal Procedure Code, as he had remained in custody throughout his trial. As it was necessary for the full bench to confer on the matter, the appellant was informed that he would be advised of the position in due course.
3. We have since perused the record of appeal, and established that the appellant was first arraigned in the High Court, on 30th August, 2016, and that he was denied bail on allegations of interference with witnesses. He therefore remained in remand throughout the trial.
4. Accordingly, in accordance with Section 333(2) of the Criminal Procedure Code the sentence of thirty (30) years imprisonment shall be computed to run from 30th August, 2016.
5. A copy of this order shall be served on the appellant and the in- charge of the prison where he is being held.
MADE AT KISUMU THIS 29TH DAY OF OCTOBER, 2024. HANNAH OKWENGU……………………………….…JUDGE OF APPEALJ. MATIVO.......................................JUDGE OF APPEALJOEL NGUGI…………….…………………….JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR