[2024] KEHC 5195 (KLR)
The court found that the trial magistrate failed to indicate when the applicant's sentence was to commence, contrary to Section 333(2) of the Criminal Procedure Code. The High Court held that the period the applicant spent in remand custody must be considered in the computation of his sentence. Accordingly, the...
Source-derived case information.
- Citation
- [2024] KEHC 5195 (KLR)
- Parties
- Applicant: Evans Otieno Omondi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 105 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Application for Revision of Sentence
- Outcome
- application allowed; sentence revised
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Revision, Remand Custody Credit, Sexual Offences, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evans Otieno Omondi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Application for Revision of Sentence
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence.
- 2 Whether the trial court erred by not specifying when the sentence was to commence as required by law.
Ratio Decidendi
The court found that the trial magistrate failed to indicate when the applicant's sentence was to commence, contrary to Section 333(2) of the Criminal Procedure Code. The High Court held that the period the applicant spent in remand custody must be considered in the computation of his sentence. Accordingly, the sentence of 10 years imprisonment imposed by the trial court was revised to run from the date the applicant was first arraigned in court, 14/1/2020, thereby giving effect to the statutory requirement and ensuring the applicant receives credit for time already served.
Court Disposition
application allowed; sentence revised
Orders
- The applicant shall serve 10 years imprisonment as ordered by the trial court.
- The sentence shall run from 14/1/2020, the date the applicant was first arraigned in court.
Full Case Text
Judgment text and source record
20 paragraphs
Omondi v Republic (Miscellaneous Criminal Application 105 of 2023) [2024] KEHC 5195 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5195 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 105 of 2023
DO Ogembo, J
May 16, 2024
Between
Evans Otieno Omondi
Applicant
and
Republic
Respondent
(Being an Application for review of sentence and Conviction of Siaya CM’s Court vide Sexual Offence Case No. S.O 03 of 2020 delivered by Hon. Benjamin B. Limo dated 6/3/2023)
Ruling
1. The Applicant herein, Evans Otieno Omondi, has filed an application herein dated 19/10/2023 seeking revision of his sentence to account for the period he spent in remand custody. He relies on the case of Ahmed Abolfathi Mohamed v R (2018) eKLR. The prosecution made no submissions on this application.
2. I have considered this application. I have also considered the record of proceedings of the trial court. The sentence proceedings of the court on 6/3/2023, reads in part;“…..The accused is hereby sentenced to 10 years imprisonment. 14 days Right of Appeal.”
3. The sentence does not show when it runs form. The trial magistrate ought to have indicated the time the sentence of the Applicant was to run in accordance with Section 333 (2) of the Criminal Procedure Code.
4. It is for this reason that I find merit in the application of the Applicant. I allow the same and revise the sentence herein. The Applicant shall serve 10 years imprisonment as ordered by the trial court. The sentence shall run from 14/1/2020 when the Applicant was first arraigned in court. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 16TH DAY OF MAY, 2024. D. O. OGEMBOJUDGE16/5/2024CourtRead in Court in presence of the Accused and Ms. Kerubo for State.D. O. OGEMBOJUDGE