[2024] KEHC 1859 (KLR)

[2024] KEHC 1859 (KLR)

The court found that the applicant was in custody throughout the trial, as there was no record of bail being granted. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be considered when computing the sentence. Therefore, the 25-year sentence imposed by the Court of Appeal should be computed from the date the plea was taken, being 22.02.2020, rather than from the date of sentencing. This ensures compliance with statutory requirements and upholds the applicant's rights regarding the computation of custodial sentences.

Citation
[2024] KEHC 1859 (KLR)
Parties
Applicant: Jared Onyango; Respondent: ODPP
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
22 February 2024
Case Number
Miscellaneous Criminal Application E049 of 2023
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
application allowed
Judges
PJO Otieno
Legal Topics
Sentencing Commencement, Pretrial Custody Credit
Source Language
English
Criminal Law Civil Procedure Sentencing Commencement Pretrial Custody Credit

Case Brief

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Parties

Jared Onyango

Applicant

ODPP

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing taken into account in computation of the sentence period.
  2. 2 Whether the sentence of 25 years should run from the date of arrest and arraignment or from the date of sentencing.

Ratio Decidendi

The court found that the applicant was in custody throughout the trial, as there was no record of bail being granted. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be considered when computing the sentence. Therefore, the 25-year sentence imposed by the Court of Appeal should be computed from the date the plea was taken, being 22.02.2020, rather than from the date of sentencing. This ensures compliance with statutory requirements and upholds the applicant's rights regarding the computation of custodial sentences.

Court Disposition

application allowed

Orders

  • The period of 25 years imprisonment shall be computed from 22.02.2020, the date the plea was taken, in accordance with section 333(2) of the Criminal Procedure Code.
  • The court file is to be closed.