[2024] KEHC 11898 (KLR)
The court found that the applicant was arrested on 17/5/2023 and there was no record of his release on bond prior to sentencing. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period the applicant spent in custody before sentencing must be considered in computing his sentence....
Source-derived case information.
- Citation
- [2024] KEHC 11898 (KLR)
- Parties
- Applicant: John Odhiambo Ogoche; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E055 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Pre Sentence Custody, Application of Section 333 2, Stealing Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Odhiambo Ogoche
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered and deducted from the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant was released on bond prior to sentencing.
Ratio Decidendi
The court found that the applicant was arrested on 17/5/2023 and there was no record of his release on bond prior to sentencing. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period the applicant spent in custody before sentencing must be considered in computing his sentence. Consequently, the three-year imprisonment term imposed on the applicant shall run from the date of his arrest, 17/5/2023, rather than from the date of sentencing. This ensures compliance with statutory requirements and prevents double punishment for the period already served in custody.
Court Disposition
application allowed
Orders
- The three (3) years imprisonment shall run from 17/5/2023 when the applicant was arrested and held in custody.
- This file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Ogoche v Republic (Miscellaneous Criminal Case E055 of 2024) [2024] KEHC 11898 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11898 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Case E055 of 2024
RE Aburili, J
September 27, 2024
Between
John Odhiambo Ogoche
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and Sentence of Siaya CM’s Criminal Case No. e252 of 2023 delivered by Hon. B. Limo, Principal Magistrate dated 12/10/2023)
Ruling
1. The applicant is John Odhiambo Ogoche. He is a convict in Siaya CM Cr Case No. E252 of 2023 for the offence of stealing a motor cycle contrary to Section 278 (A) of the Penal Code. He was sentenced to serve three (3) years imprisonment on 13/10/2023. The convict was also ordered to compensate the complainant the value of the stolen motor vehicle.
2. The convict is now before this court vide an application dated 19/6/2024 seeking that the court considers Section 333 (2) of the Criminal Procedure Code, the period he spent in custody prior to sentencing.
3. I have considered the application and the grounds in support thereto.
4. I have also perused the trial court record. The applicant was arrested on 17/5/2023 according to the charge sheet dated 18/5/2023. He appeared in court on 18/5/2023 and was granted bond of Ksh200,000/= plus one surety or cash bail of Kshs 100,000/=. The value of the stolen motor cycle was ksh118,000/=. The applicant denied committing the offence and the trial did not take long.
5. There is no record of release of the applicant on bond.
6. Accordingly, I allow the application and order that the three (3) years imprisonment shall run from 17/5/2023 when he was arrested and held in custody. Signal to issue.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE