[2023] KEHC 799 (KLR)
The court found that the sentence imposed on the applicant did not take into account the period he had already spent in custody prior to conviction, as required by section 333(2) of the Criminal Procedure Code. The judge reviewed the warrant of commitment and determined that the applicant was in custody for three...
Source-derived case information.
- Citation
- [2023] KEHC 799 (KLR)
- Parties
- Applicant: Charles Owino Olongo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E010 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentence Review, Time Spent in Custody, Criminal Procedure Code Section 333 2
- 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
Charles Owino Olongo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence as per section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the sentence imposed on the applicant did not take into account the period he had already spent in custody prior to conviction, as required by section 333(2) of the Criminal Procedure Code. The judge reviewed the warrant of commitment and determined that the applicant was in custody for three months before sentencing. The court held that the twenty-year sentence should be calculated from the date of arrest, ensuring compliance with the statutory requirement to consider time already served. The application was therefore merited and allowed.
Court Disposition
application allowed
Orders
- The twenty (20) years imprisonment imposed on the applicant shall be calculated from the date of his arrest on 9/7/2012.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Olongo v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 799 (KLR) (9 February 2023) (Ruling)
Neutral citation: [2023] KEHC 799 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E010 of 2023
RE Aburili, J
February 9, 2023
Between
Charles Owino Olongo
Applicant
and
Republic
Respondent
(Being an Application for sentence review in Judgment, conviction and sentence of Hon. J.O. Ongondo, SPM in Bondo PM SO No. 503/2012 and in Kisumu HCCRA No. 98/2012)
Ruling
1. The convict/applicant Charles Otieno Olongo claims that he was convicted and sentenced to serve twenty (20) years imprisonment vide Bondo PM SO No. 503/2012 and his appeal to Kisumu HCCRA 98/2012 was dismissed. He now applies that this court considers section 333(2) of the Criminal Procedure Codeon the time he spent in prison custody which was 3 months from 9/7/2012 to 9/10/2012 when he was convicted and sentenced.
2. I have perused the warrant of commitment to prison dated 9/10/2012.
3. The sentence imposed did not take into account the period spent in custody.
4. For the above reasons, I find the application dated 2/2/2023 merited. I allow it and order that the twenty (20) years imprisonment imposed on the applicant/convict herein shall take into account or be calculated from the date of his arrest on 9/7/2012.
5. I so order.
6. File closed.
Dated, signed and Delivered at Siaya this 9th Day of February, 2023R.E. ABURILIJUDGE