[2024] KEHC 16158 (KLR)
The court held that the period of five months spent in custody by the appellant from 27/5/2022 to 15/11/2022, prior to conviction and sentencing, must be deducted from the five-year custodial sentence imposed for count 3, which is the longest sentence and now runs concurrently with the others. The trial court's...
Source-derived case information.
- Citation
- [2024] KEHC 16158 (KLR)
- Parties
- Appellant: Andrew Obae Omundo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case E031 of 2024
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Sentence Clarification and Computation of Custodial Period
- Outcome
- Application for clarification and deduction of custodial period allowed.
- Judges
- CM Kariuki
- Legal Topics
- Sentencing Computation, Concurrent and Consecutive Sentences, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Obae Omundo
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Sentence Clarification and Computation of Custodial Period
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be deducted from the custodial sentence imposed on the appellant.
- 2 Whether the sentences should run concurrently or consecutively as per the appellate court's order.
Ratio Decidendi
The court held that the period of five months spent in custody by the appellant from 27/5/2022 to 15/11/2022, prior to conviction and sentencing, must be deducted from the five-year custodial sentence imposed for count 3, which is the longest sentence and now runs concurrently with the others. The trial court's failure to account for this period was an error, and the appellant is entitled to have the five months credited towards his sentence in accordance with Section 333(2) of the Criminal Procedure Code.
Court Disposition
Application for clarification and deduction of custodial period allowed.
Orders
- The period of five months spent in custody by the appellant from 27/5/2022 to 15/11/2022 shall be deducted from the five-year sentence imposed.
- The computation of the remaining custodial period shall take into account the five months already served.
Full Case Text
Judgment text and source record
23 paragraphs
Omundo v Republic (Miscellaneous Criminal Case E031 of 2024) [2024] KEHC 16158 (KLR) (Crim) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16158 (KLR)
Republic of Kenya
In the High Court at Nyandarua
Criminal
Miscellaneous Criminal Case E031 of 2024
CM Kariuki, J
December 20, 2024
Between
Andrew Obae Omundo
Appellant
and
Republic
Respondent
Ruling
1. The Appellant/Applicant was convicted and sentenced to serve:a.Count 1 Kshs, 200,000 or two (2) years in jail.b.Count 2 Kshs. 200,000 or two (2) years andc.Count 3 – Kshs 3 million or five (5) years
2. . They were to run consecutively however on his appeal the court order they runs concurrently.
3. . The prison now via the Appellant seek the clarification on period he has served as court ordered period appellant served in custody be taken to account.
4. . Appellant took plea on 27/5/2022 and was convicted and sentenced on 15/11/2022.
5. . The appellant was granted bond but was not able to raise thus the period which ought to be considered is of 27/5/2022 to 15/11/2022 five months.
6. . The trial court did not take to account of the same thus the court orders in the five (5) years applicant is serving he will have five (5) months deducted thereof in computation of the time remaining in service of 5 years.
Orders accordingly.
RULING DATED, SIGNED, AND DELIVERED AT NYANDARUA THIS 20TH DAY OF DECEMBER 2024………………………………..CHARLES KARIUKIJUDGE