[2024] KEHC 9032 (KLR)
The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not factoring the period the applicant spent in remand custody into the prison sentence. Upon review, the High Court ordered that the applicant's sentence should run from the date of arrest, 13th November...
Source-derived case information.
- Citation
- [2024] KEHC 9032 (KLR)
- Parties
- Applicant: Douglas Onyancha Okerio; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E110 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- sentence revised to run from date of arrest
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Revision, Remand Period Credit, Section 333 2 Cpc, Prison Sentence Commencement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Onyancha Okerio
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the period spent by the applicant in remand custody during trial should be factored into the prison sentence as required by Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not factoring the period the applicant spent in remand custody into the prison sentence. Upon review, the High Court ordered that the applicant's sentence should run from the date of arrest, 13th November 2022, thereby ensuring compliance with the statutory requirement and upholding the applicant's right to have the remand period credited against the custodial sentence.
Court Disposition
sentence revised to run from date of arrest
Orders
- The prison sentence imposed on the applicant shall run from 13th November 2022, the date of arrest.
Full Case Text
Judgment text and source record
20 paragraphs
Okerio v Republic (Criminal Revision E110 of 2024) [2024] KEHC 9032 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 9032 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E110 of 2024
GMA Dulu, J
June 13, 2024
Between
Douglas Onyancha Okerio
Applicant
and
Republic
Respondent
Ruling
1. In this request for revision of sentence under Section 333(2) of the Criminal Procedure Code (Cap.75), the learned Prosecuting Counsel Mr. Sirima on behalf of the Director of Public Prosecutions does not oppose the request.
2. In his oral submissions, the learned Prosecution Counsel pointed out that this is a request by the applicant for factoring the period the applicant was in remand custody during trial between is 13th November 2022 to 5th September 2023 in the prison sentence.
3. Having myself perused the trial court record, I note from the charge sheet, that the applicant was arrested on 13th November 2022, and though he was granted bail/bond by the trial court, he could not fulfil the conditions and thus remained in custody until 5th September 2023 when he was sentenced.
4. In accordance with the statutory requirements under Section 333(2) of the Criminal Procedure Code, the period in custody during trial should have been factored by the trial court in the prison sentence, which was not done.
5. I thus review the sentence imposed and order that the prison sentence runs from 13th November 2022 when the applicant was arrested.
DATED, SIGNED AND DELIVERED THIS 13TH DAY OF JUNE 2024 IN OPEN COURT AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsApplicant in personMr. Sirima for the State