[2022] KEHC 14023 (KLR)
The court found that the applicant was arrested on February 21, 2015, and remained in custody as he was unable to raise bond. Neither the trial court nor the appellate court considered the period spent in custody when passing sentence. Section 333(2) of the Criminal Procedure Code mandates that such period must be...
Source-derived case information.
- Citation
- [2022] KEHC 14023 (KLR)
- Parties
- Applicant: Habil Odhiambo Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E112 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Computation of Time Spent in Custody
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Computation, Time Spent in Custody, Sexual Offences, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Habil Odhiambo Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Computation of Time Spent in Custody
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was arrested on February 21, 2015, and remained in custody as he was unable to raise bond. Neither the trial court nor the appellate court considered the period spent in custody when passing sentence. Section 333(2) of the Criminal Procedure Code mandates that such period must be taken into account. Therefore, the applicant's 15-year sentence should be computed from the date of his arrest, February 21, 2015, ensuring compliance with statutory requirements and fairness in sentencing.
Court Disposition
application allowed
Orders
- The applicant's 15-year imprisonment shall be calculated from February 21, 2015, the date of his arrest.
- File closed.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E112 of 2022) [2022] KEHC 14023 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14023 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E112 of 2022
RE Aburili, J
October 12, 2022
Between
Habil Odhiambo Otieno
Applicant
and
Republic
Respondent
(Being an Application for computation of time spent in prison custody from Judgment, conviction and sentence in PM’s court at Ukwala in Sexual Offence Case No. 601 of 2014 AND in Siaya HCRA No. 01/2016 by Hon. Makau J on 25/1/2017)
Ruling
1. The applicant is Habil Odhiambo Otieno. He was convicted of the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act, by PM’s court at Ukwala in Sexual Offence Case No 601 of 2014. He was sentenced to serve 15 years imprisonment. He appealed to this court vide HCRA 01/2016, his appeal against conviction and sentence was dismissed by Makau, J on January 25, 2017.
2. In the present application, the convict seeks for computation of the time he spent in prison custody as stipulated in section 333 (2) of the Criminal Procedure Code.
3. I have considered the application and perused the trial court proceedings where the convict was represented by an advocate. He was given bond of Kshs 300,000/= plus one surety of similar amount on July 10, 2015 but he did not raise bond.
4. The charge sheet shows that he was arrested on February 21, 2015 and presented to court on February 23, 2015.
5. For the above reason, as the trial court or this court on appeal did not consider the time spent in custody, I allow this application and order that the 15 years imprisonment shall be calculated from February 21, 2015 when the convict/applicant herein was arrested.
6. I so order.
7. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022. RE ABURILIJUDGE