[2024] KEHC 11848 (KLR)
The court found that the applicant was entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The trial court failed to account for the time the applicant spent in remand custody from the date of...
Source-derived case information.
- Citation
- [2024] KEHC 11848 (KLR)
- Parties
- Applicant: Erick Oduor Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E105 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Review, Remand Custody Credit, Manslaughter, Application of Section 333 2, Penal Code Offences
- 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
Erick Oduor Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Conviction and Sentence
Legal Issues
- 1 Whether the period spent in custody pending trial should be considered in computing the applicant's sentence as per Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court erred by failing to account for time spent in remand custody.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The trial court failed to account for the time the applicant spent in remand custody from the date of his arrest on 20/3/2021 to the date of sentencing on 5/10/2022. The High Court held that this omission was contrary to the law and allowed the application, ordering that the applicant's five-year sentence be calculated from the date of arrest. This ensures compliance with statutory requirements and upholds the applicant's rights under the law.
Court Disposition
application allowed
Orders
- The 5 years imprisonment imposed on Erick Oduor Omondi shall be calculated from the date of his arrest on 20/3/2021.
- This file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Omondi v Republic (Miscellaneous Criminal Application E105 of 2023) [2024] KEHC 11848 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11848 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E105 of 2023
RE Aburili, J
September 27, 2024
Between
Erick Oduor Omondi
Applicant
and
Republic
Respondent
(Being an Application for review of Conviction and sentence in Ukwala SRM’s Court vide Criminal Case No. 196 of 2021 delivered by Hon. C. I Agutu, SRM dated 5/10/2022)
Ruling
1. The Applicant Erick Oduor Omondi was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 5 years by Hon. C. I. Agutu, SRM on 5/10/2022 after a full trial.
2. He now applies that the period spent in custody pending trial be considered as stipulated under Section 333 (2) of the Criminal Procedure Code. I have perused the trial court record vide Ukwala PM Cr. 196/2021. The applicant was sentenced on 5/10/2022 and indeed there is no mention of the time spent in custody.
3. The trial court record (charge sheet) shows that he was arrested on 20/3/2021. He was in custody during the trial.
4. That being the case, I find the application merited as Section 333 (2) of the Criminal Procedure Code mandates trial courts to take into account the time spent in remand custody prior to sentencing.
5. Accordingly, I hereby allow the application dated 27/11/2023 and order that the 5 years imprisonment imposed on the convict Erick Oduor Omondi shall be calculated from date of his arrest on 20/3/2021 as per the charge sheet signed and dated 13/4/2021.
6. Signal to issue.
7. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE