[2024] KEHC 5048 (KLR)
The court found that the applicant was arrested on 12th March 2009 and remained in custody until his sentencing on 26th July 2012, as capital offences were not bailable before the 2010 Constitution. The sentencing order did not account for this pre-sentence custody. Applying Section 333(2) of the Criminal Procedure...
Source-derived case information.
- Citation
- [2024] KEHC 5048 (KLR)
- Parties
- Applicant: Samuel Odhiambo Odongo Alias Wesonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E005 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Murder Sentence, Pre Sentence Custody, Sentencing Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Odhiambo Odongo Alias Wesonga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's prison term under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was arrested on 12th March 2009 and remained in custody until his sentencing on 26th July 2012, as capital offences were not bailable before the 2010 Constitution. The sentencing order did not account for this pre-sentence custody. Applying Section 333(2) of the Criminal Procedure Code, the court held that the applicant's 25-year sentence should be computed from the date of his arrest, ensuring that the period already spent in custody is duly considered in the total term of imprisonment.
Court Disposition
application allowed
Orders
- The 25 years’ imprisonment shall run from 12th March 2009, the date of the applicant's arrest.
Full Case Text
Judgment text and source record
23 paragraphs
Odongo Alias Wesonga v Republic (Criminal Revision E005 of 2024) [2024] KEHC 5048 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5048 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Revision E005 of 2024
RE Aburili, J
May 7, 2024
Between
Samuel Odhiambo Odongo Alias Wesonga
Applicant
and
Republic
Respondent
(From the original conviction and sentence in the High Court Criminal Case No. 18 of 2009 at Kisumu)
Ruling
1. The Convict/Applicant is Samuel Odhiambo Odongo alias Wesonga. He was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code vide Kisumu HCCRC No 18 of 2009.
2. He was sentenced to serve 25 years’ imprisonment on 26th July 2012 as per the warrant of committal annexed.
3. The sentence does not mention the period that the convict was in prison custody pending trial, according to the warrant of commitment to prison attached.
4. He prays that Section 333(2) of the Criminal Procedure Code be taken into account in computing the prison term.
5. From the Judgment of H. K. Chemitei J of 4th July 2012, the Convict was arrested on 12th March 2009. There is no evidence that he benefitted from bond terms in capital offences as such offences were not bailable pre-2010 Constitution.
6. I invoke Section 333(2) of the Criminal Procedure Code and order that the 25 years’ imprisonment shall run from 12th March 2009 when the convict was arrested.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 7TH DAY OF MAY, 2024R. E. ABURILIJUDGE