[2025] KEHC 10147 (KLR)

[2025] KEHC 10147 (KLR)

The High Court found that the trial court erred by failing to consider the period the applicant spent in custody prior to sentencing, as mandated by section 333(2) of the Criminal Procedure Code. The court held that the applicant's sentence of 20 years' imprisonment must be computed to include the period between 20/8/2018 and 9/10/2019, during which he was in custody. The application was therefore meritorious and allowed, with a direction that the sentence be tabulated accordingly.

Citation
[2025] KEHC 10147 (KLR)
Parties
Applicant: Emmanuel Onyango Odoyo; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
14 July 2025
Case Number
Criminal Miscellaneous Application E067 of 2025
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Outcome
application allowed
Judges
A Mabeya
Legal Topics
Sentencing Procedure, Pre Sentence Custody, Robbery With Violence, Sexual Offences, Computation of Sentence
Source Language
English
Criminal Law Sentencing Procedure Pre Sentence Custody Robbery With Violence Sexual Offences Computation of Sentence

Case Brief

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Parties

Emmanuel Onyango Odoyo

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code

Legal Issues

  1. 1 Whether the period spent in pre-sentence custody by the applicant should be taken into account in computing his sentence as required by section 333(2) of the Criminal Procedure Code.

Ratio Decidendi

The High Court found that the trial court erred by failing to consider the period the applicant spent in custody prior to sentencing, as mandated by section 333(2) of the Criminal Procedure Code. The court held that the applicant's sentence of 20 years' imprisonment must be computed to include the period between 20/8/2018 and 9/10/2019, during which he was in custody. The application was therefore meritorious and allowed, with a direction that the sentence be tabulated accordingly.

Court Disposition

application allowed

Orders

  • The period between 20/8/2018 and 9/10/2019, when the applicant was in custody, shall be taken into account in computing the applicant's sentence of 20 years' imprisonment.