[2022] KEHC 14042 (KLR)
The court found that the applicant remained in custody from the date of his arrest on 25/5/2016 as he was unable to raise bond. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period spent in custody must be considered in the computation of the applicant's sentence. Consequently, the...
Source-derived case information.
- Citation
- [2022] KEHC 14042 (KLR)
- Parties
- Applicant: Byron Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E099 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Resentencing Application Following Conviction and Appeal
- Outcome
- Application allowed.
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Time Spent in Custody, Firearms Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Byron Omondi Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Resentencing Application Following Conviction and Appeal
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to conviction considered in the computation of his sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant remained in custody from the date of his arrest on 25/5/2016 as he was unable to raise bond. Applying Section 333(2) of the Criminal Procedure Code, the court held that the period spent in custody must be considered in the computation of the applicant's sentence. Consequently, the ten-year imprisonment sentence imposed on the applicant is to be calculated from the date of his arrest, ensuring that the time already spent in custody is credited towards his sentence. The application was therefore merited and allowed.
Court Disposition
Application allowed.
Orders
- The ten years imprisonment imposed on the applicant shall be calculated from the date of his arrest on 25/5/2016 as per the charge sheet.
- File closed.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E099 of 2022) [2022] KEHC 14042 (KLR) (12 October 2022) (Ruling)
Neutral citation: [2022] KEHC 14042 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E099 of 2022
RE Aburili, J
October 12, 2022
Between
Byron Omondi Otieno
Applicant
and
Republic
Respondent
(Being an Application for resentencing arising from Judgment, conviction and sentence of Hon. G. Adhiambo, Senior Resident Magistrate in SRM’s court at Ukwala in Criminal Case No. 352 of 2016 on 7. 10. 2016 AND in Siaya HCRA No. 182/2016)
Ruling
1. The convict/applicant herein is Byron Omondi Otieno. He was sentenced to serve ten (10) years imprisonment for the offence of being in possession of a firearm without a licence contrary to Section 4 (A) as read with Section 4 A (2) Firearms Act. This was vide Ukwala PM Cr. Case No. 352/2016. He appealed to this court vide HCRA 182/2016 which appeal was heard and determined and the appeal dismissed both on conviction and sentence. This was on 13/6/2018.
2. The applicant filed a Notice of Appeal to the Court of Appeal. The outcome is unknown. He now seeks from this court consideration of time spent in custody from date of arrest, as stipulated in Section 333 (2) of the Criminal Procedure Code.
3. I have considered the application and perused the trial court proceedings. The applicant was granted bond of Kshs. 1,000,000/= with one surety but this was later reduced to Kshs. 800,000/= with one surety on 24/6/2016. He did not raise bond.
4. That means he remained in custody pending trial. For the above reason, I find this application merited. I allow it and order that the 10 years imprisonment meted on the applicant herein shall be calculated from the date of his arrest on 25/5/2016 as per the Charge sheet. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022R.E. ABURILIJUDGE