[2022] KEHC 11211 (KLR)
The court found that, in accordance with Section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to conviction must be considered in the computation of his sentence. After reviewing the prison records and the probation report, the court determined that the applicant had already...
Source-derived case information.
- Citation
- [2022] KEHC 11211 (KLR)
- Parties
- Applicant: Vincent Okoth Okwayo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E076 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released from custody
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Handling Stolen Property, Sentencing, Pretrial Custody, Community Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Okoth Okwayo
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to conviction should be considered in computing the applicant's sentence.
- 2 Whether the applicant is entitled to immediate release based on time already served.
Ratio Decidendi
The court found that, in accordance with Section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to conviction must be considered in the computation of his sentence. After reviewing the prison records and the probation report, the court determined that the applicant had already served the full sentence imposed, including the period spent in custody before conviction. Consequently, the applicant was entitled to immediate release from custody unless held for any other lawful reason.
Court Disposition
application allowed; applicant released from custody
Orders
- The applicant is to be released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
17 paragraphs
Okwayo v Republic (Criminal Revision E076 of 2022) [2022] KEHC 11211 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11211 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E076 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO E1963 OF 2021)
Between
Vincent Okoth Okwayo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant and his co-accused were charged with the offence of burglary contrary to Section 304 (2) and Stealing contrary to Section 268 as read with Section 279 (b) of the Penal Code Cap 63 (Laws of Kenya). They were also charged with the alternative charge of handling stolen property contrary to Section 322 (1) of the Penal Code. They were arrested on 20/6/2021 and were admitted to bail on 29/6/2021. The Applicant herein was fined ksh.60,000/= or in default to serve eighteen (18) months imprisonment on 2/11/2021. The earliest date of released given by the prisons is 2/11/2022. He has so far spent eight (8) months in prison. He spent five (5) months twelve (12) days in custody before he was convicted and sentenced. The Report by Joyce Achieng Odhiambo Probation/Community Service Officer filed on 29/7/2022 recommends that the Applicant serves Community Service at Airstrip Primary School. According to the Prisons, the Applicant has three (3) months left. However, taking into account the period the Applicant spent in custody in line with Section 332 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya). He has already completed his sentence. It is hereby directed that the Applicant be and is hereby released from custody forthwith unless he be held for any other lawful case. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE