[2023] KEHC 1777 (KLR)

[2023] KEHC 1777 (KLR)

The court held that, in accordance with section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to sentencing must be considered in determining the length of his imprisonment. The trial court's failure to account for this period necessitated an order for the prison authorities...

Source-derived case information.

Citation
[2023] KEHC 1777 (KLR)
Parties
Applicant: Dick Onyango Okoth Alias Deno; Respondent: Republic
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Criminal Petition E007 of 2023
Procedural Posture
Criminal Petition / Resentencing Application
Outcome
Application allowed. Prison term to be computed taking into account period spent in custody.
Judges
RE Aburili
Legal Topics
Resentencing, Custodial Sentence, Pretrial Custody, Sentence Calculation
Source Language
en
Criminal Law Resentencing Custodial Sentence Pretrial Custody Sentence Calculation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dick Onyango Okoth Alias Deno

Applicant

Republic

Respondent

Procedural Posture

Criminal Petition / Resentencing Application

Legal Issues

  1. 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.

Ratio Decidendi

The court held that, in accordance with section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to sentencing must be considered in determining the length of his imprisonment. The trial court's failure to account for this period necessitated an order for the prison authorities to recalculate the applicant's sentence to reflect the time already served in custody. The applicant is required to provide the relevant trial court proceedings to the prison authorities to confirm the period spent in custody.

Court Disposition

Application allowed. Prison term to be computed taking into account period spent in custody.

Orders

  • The prison term imposed on the applicant in Ukwala PM SO E019/2021 shall take into account the period he was in prison custody as stipulated in section 333(2) of the Criminal Procedure Code.
  • The applicant to avail to prisons authorities trial court proceedings to confirm the period spent in custody.