[2023] KEHC 2985 (KLR)
The court found that the applicant was entitled to have the eight months he spent in custody prior to sentencing considered in the computation of his twenty-year sentence. The judge relied on the statutory requirement under Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in...
Source-derived case information.
- Citation
- [2023] KEHC 2985 (KLR)
- Parties
- Applicant: Gregory Ochieng Osina; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E032 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Consider Pre Sentence Custody Period
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Robbery With Violence, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gregory Ochieng Osina
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Consider Pre Sentence Custody Period
Legal Issues
- 1 Whether the period of eight months spent in pre-sentence custody by the applicant should be taken into account in computing his sentence.
Ratio Decidendi
The court found that the applicant was entitled to have the eight months he spent in custody prior to sentencing considered in the computation of his twenty-year sentence. The judge relied on the statutory requirement under Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody prior to conviction and sentencing must be taken into account. The court therefore ordered that the applicant's sentence be calculated from the date of arrest, and directed the applicant to provide the necessary documents to the prison authorities to facilitate the computation of the period already served.
Court Disposition
application allowed
Orders
- The twenty (20) years imprisonment re-imposed by the High Court shall take into account and be calculated from the date of arrest.
- The convict is to supply prison authorities with the charge sheet and court proceedings for computation of the said eight (8) months.
Full Case Text
Judgment text and source record
20 paragraphs
Osina v Republic (Miscellaneous Criminal Application E032 of 2022) [2023] KEHC 2985 (KLR) (27 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2985 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E032 of 2022
RE Aburili, J
March 27, 2023
Between
Gregory Ochieng Osina
Applicant
and
Republic
Respondent
(Arising from Kisumu HCCRA No 9 of 2011. Criminal Appeal 9 of 2011 )
Ruling
1. The Convict Gregory Ochieng Osina was sentenced to death vide Kisumu Chief Magistrate’s Court Criminal Case No 330 of 2010 for the offence of Robbery with violence on January 14, 2011. He appealed vide Kisumu HCCRA No 9 of 2011 which appeal was dismissed on conviction but sentence was reduced to twenty (20) years imprisonment.
2. He now applies that the period of eight (8) months that he spent in custody be taken into account.
3. I have perused the application and the supporting affidavit and committal warrant. I allow the application and order that the twenty (20) years imprisonment re-imposed by the High Court shall take into account and be calculated from date of arrest and the convict to supply prison authorities with the charge sheet and court proceedings for computation of the said eight (8) months.
4. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF MARCH, 2023R. E. ABURILIJUDGE