[2023] KEHC 25501 (KLR)
The court found that the trial court failed to indicate whether the period the applicant spent in remand custody was considered in the sentence, as required by Section 333(2) of the Criminal Procedure Code. The High Court held that this omission was an error and that the applicant was entitled to have the period...
Source-derived case information.
- Citation
- [2023] KEHC 25501 (KLR)
- Parties
- Applicant: Stephen Omondi Alias Kati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E094 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Revision Application
- Outcome
- application allowed; sentence revised to account for remand period
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Revision, Remand Custody Credit, Sexual Offences, Application of Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Omondi Alias Kati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court erred by failing to account for the remand period in the applicant's sentence.
Ratio Decidendi
The court found that the trial court failed to indicate whether the period the applicant spent in remand custody was considered in the sentence, as required by Section 333(2) of the Criminal Procedure Code. The High Court held that this omission was an error and that the applicant was entitled to have the period spent in remand custody deducted from his sentence. Accordingly, the court revised the sentence to run from the date the applicant was first arraigned in court, ensuring compliance with the statutory requirement.
Court Disposition
application allowed; sentence revised to account for remand period
Orders
- The applicant shall serve 5 years imprisonment as ordered by the trial court, but the sentence shall run from 5/2/2021, the date of first arraignment.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi alias Kati v Republic (Miscellaneous Criminal Application E094 of 2023) [2023] KEHC 25501 (KLR) (16 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25501 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E094 of 2023
DO Ogembo, J
November 16, 2023
Between
Stephen Omondi Alias Kati
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Stephen Omondi alias Kati has applied to this court under Section 333(2) of the Criminal Procedure Code, seeking that this court do revise this sentence so as to account for the period of time he spent in remand custody while awaiting the determination of his case. The Prosecution has not made any substantive response to the application of the applicant.
2. Section 333(2) of the Criminal Procedure, Cap 75, declares that any such period that an accused person remains in remand custody awaiting the determination of his trial ought to be accounted for in the sentence.
3. I have considered the record of proceedings of the trial court, the applicant was charged with the offence of Rape contrary to Section 3(1)(a)(c) as read with sub-section (3) of the Sexual Offences Act, No. 3 of 2006. He took Plea on 15/2/2021. On 9/2/2022, the applicant was sentenced to serve 5 years imprisonment.
4. From the record of proceedings of the trial court, court did not indicate whether or not the period the applicant has served in remand custody was part of the sentence. It ought to have done so pursuant to Section 333(2) of the Criminal Procedure Code.
5. It is for this reason that I find merit in the application of the application be filed on 3/8/2023. I allow the same and revise the orders of the trial court issued on 9/2/2022. I accordingly order that the applicant shall serve 5 years imprisonment as ordered by the trial court. The sentence shall however run from 5/2/2021, the date that the applicant was first arraigned in court. It is so ordered.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE16. 11. 2023Court:Ruling read out in Open court in the presence of the applicant and Ms. Mumu for State.D.O. OGEMBOJUDGE16. 11. 2023