[2023] KEHC 3593 (KLR)
The court found that the trial court erred by failing to consider the 94 days the applicant spent in custody before being released on bond. Applying Section 333(2) of the Criminal Procedure Code, the High Court held that this period must be taken into account when computing the applicant's sentence. The court...
Source-derived case information.
- Citation
- [2023] KEHC 3593 (KLR)
- Parties
- Applicant: Wilfred Oncheka Onderi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E145 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- partially allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Oncheka Onderi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to release on bond should be considered in the computation of the applicant's sentence.
- 2 Whether other issues raised by the applicant can be addressed in a revision application.
Ratio Decidendi
The court found that the trial court erred by failing to consider the 94 days the applicant spent in custody before being released on bond. Applying Section 333(2) of the Criminal Procedure Code, the High Court held that this period must be taken into account when computing the applicant's sentence. The court declined to address other issues raised by the applicant, holding that such matters pertain to the merits of the conviction and can only be canvassed on appeal, not in a revision application. Accordingly, the application was partially allowed to the extent of crediting the 94 days in custody, and the file was ordered closed.
Court Disposition
partially allowed
Orders
- The period of 94 days spent in custody by the applicant before release on bond shall be considered in the computation of sentence.
- The application is partially allowed.
Full Case Text
Judgment text and source record
19 paragraphs
Onderi v Republic (Criminal Revision E145 of 2023) [2023] KEHC 3593 (KLR) (Crim) (29 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3593 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E145 of 2023
DR Kavedza, J
March 29, 2023
Between
Wilfred Oncheka Onderi
Applicant
and
Republic
Respondent
Ruling
1. The applicant has sought revision of his sentence. At paragraph 5 he has prayed that the court do consider the period he spent in custody. I have perused the lower court file and note that the applicant was arrested on August 24, 2017. He stayed in custody up to November 27, 2017 before being released on bond, that is a total of 94 days. The trial court did not consider the period spent in custody.
2. I would therefore allow the application to the extent that 94 days (period) spent in custody to be considered during computation.
3. The other issues touch on the merit of the judgment of the trial court and they can only be canvassed on appeal. I shall therefore not delve into themIn the end the application is partially allowed and file is closed.
RULING, READ AND DELIVERED ON 29TH DAY OF MARCH, 2023. ...............................D. KAVEDZAJUDGEOrder:This file is closed. The original lower court file to be returned.