[2025] KEHC 8796 (KLR)
The court found that the committal warrant expressly indicated that the applicant's sentence of 5 years imprisonment was to commence from the date he was placed in custody, namely 22/8/2022. In light of section 333(2) of the Criminal Procedure Code and the contents of the committal warrant, the court held that the...
Source-derived case information.
- Citation
- [2025] KEHC 8796 (KLR)
- Parties
- Applicant: Moses Ochieng Okumu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E079 of 2025
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Consideration of Custodial Period Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application allowed
- Judges
- A Mabeya
- Legal Topics
- Sentencing, Pretrial Custody, Computation of Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Ochieng Okumu
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Consideration of Custodial Period Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period the applicant spent in custody prior to sentencing should be considered in computing his sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the committal warrant expressly indicated that the applicant's sentence of 5 years imprisonment was to commence from the date he was placed in custody, namely 22/8/2022. In light of section 333(2) of the Criminal Procedure Code and the contents of the committal warrant, the court held that the period the applicant spent in custody prior to sentencing must be considered in the computation of his sentence. The application was therefore allowed, and the prison authorities were directed to compute the applicant's sentence from 22/8/2022.
Court Disposition
application allowed
Orders
- The Prisons Department is directed to compute the applicant's 5-year sentence from 22/8/2022.
Full Case Text
Judgment text and source record
20 paragraphs
Okumu v Republic (Criminal Miscellaneous Application E079 of 2025) [2025] KEHC 8796 (KLR) (20 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8796 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Miscellaneous Application E079 of 2025
A Mabeya, J
June 20, 2025
Between
Moses Ochieng Okumu
Applicant
and
Republic
Respondent
Ruling
1. Moses Ochieng Okumu, ‘the applicant’, was charged with the offence of handling stolen goods contrary to section 322(2) of the Penal Code. He was tried convicted and sentenced to 5 years imprisonment on 26/2/2024.
2. By a Motion on Notice dated 16/5/2025, the applicant applied that the Court does consider section 333(2) of the Criminal Procedure Code. That the period that he was in custody be taken into consideration.
3. I have considered the matter. I have seen the Committal Warrant dated 26/2/2024. The same indicates that: -“Accused to serve 5 years in jail. Sentences to start running from the time he was placed in custody 22/8/2022. ”
4. In view of the foregoing, I allow the application and direct that the Prisons do compute the 5 years’ period from 22/8/2022.
It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 20TH DAY OF JUNE, 2025. A. MABEYA, FCI ARBJUDGE