[2023] KEHC 3107 (KLR)
The court held that there was no merit in the prayer for reduction or substitution of the custodial sentence as there were no mitigating circumstances or testimonials provided by the applicant. However, the court found that, in accordance with section 333(2) of the Criminal Procedure Code, the period of six days...
Source-derived case information.
- Citation
- [2023] KEHC 3107 (KLR)
- Parties
- Applicant: James Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E089 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application dismissed in part; sentence to be computed less six days spent in pre-trial custody.
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Trial Custody, Rape Offence, Sentence Reduction, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to a reduction or substitution of his custodial sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the period spent in pre-trial custody should be considered in computing the applicant's sentence.
Ratio Decidendi
The court held that there was no merit in the prayer for reduction or substitution of the custodial sentence as there were no mitigating circumstances or testimonials provided by the applicant. However, the court found that, in accordance with section 333(2) of the Criminal Procedure Code, the period of six days spent in pre-trial custody by the applicant must be deducted from the ten-year custodial sentence imposed by the trial court. The court therefore ordered that the applicant's sentence be computed less the six days he was in custody prior to being released on bond.
Court Disposition
Application dismissed in part; sentence to be computed less six days spent in pre-trial custody.
Orders
- The ten (10) years imprisonment shall be calculated less six (6) days that the applicant spent in custody from arrest to release on bond pending trial.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E089 of 2022) [2023] KEHC 3107 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3107 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E089 of 2022
RE Aburili, J
March 28, 2023
Between
James Omondi
Applicant
and
Republic
Respondent
(Arising from Nyando Senior Principal Magistrate Sexual Offence Case No 13 of 2020. )
Ruling
1. James Omondi was convicted vide Nyando Senior Principal Magistrate Sexual Offence Case No 13 of 2020 for the offence of rape and sentenced to serve ten (10) years imprisonment on December 6, 2021. He was arrested on February 21, 2020 and he was granted surety bond of Kshs 100,000 on February 24, 2020 and released on February 28, 2020 after Clarkson Odongo Onditi was approved as his surety.
2. He was therefore in custody pending trial for only six (6) days and the original lower court file is available for perusal.
3. In this application, he seeks that section 333(2) of the Criminal Procedure Code be considered and his sentence be substituted with non-custodial sentence because he is now reformed.
4. I find no merit in the prayer for reduction of sentence. There are no mitigating circumstances and no testimonials.
5. Nonetheless, I order that the ten (10) years imprisonment shall be calculated less six (6) days that he spent in custody from arrest to his release on bond pending trial.
6. I so order. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF MARCH, 2023R. E. ABURILIJUDGE