[2024] KEHC 4788 (KLR)
The court held that the applicant, having been in custody from the date of arrest on 12th March 2009 until sentencing on 26th July 2012, was entitled to have the entire period spent in pretrial custody considered in the computation of his 25-year sentence. The court found that there was no evidence the applicant...
Source-derived case information.
- Citation
- [2024] KEHC 4788 (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
- Sentencing Computation, Pretrial Custody Credit, Murder Offence
- 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 pretrial custody should be considered in computing the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant was entitled to benefit from bond terms prior to the 2010 Constitution.
Ratio Decidendi
The court held that the applicant, having been in custody from the date of arrest on 12th March 2009 until sentencing on 26th July 2012, was entitled to have the entire period spent in pretrial custody considered in the computation of his 25-year sentence. The court found that there was no evidence the applicant benefited from bond terms, as murder was not bailable before the 2010 Constitution. Accordingly, the court ordered that the applicant's sentence of 25 years' imprisonment should run from the date of arrest, in compliance with Section 333(2) of the Criminal Procedure Code.
Court Disposition
application allowed
Orders
- The applicant's sentence of 25 years' imprisonment shall run from 12th March 2009, the date of arrest, in accordance with Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Odongo v Republic (Criminal Revision E005 of 2024) [2024] KEHC 4788 (KLR) (7 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4788 (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
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 7thDay of May, 2024R. E. ABURILIJUDGEPage 2 of 2