[2023] KEHC 25769 (KLR)
The court found that the applicant's period spent in custody prior to sentencing had not been considered by the trial court, nor had it been addressed in a subsequent revision application. Applying Section 333(2) of the Criminal Procedure Code, the court held that the applicant's 10-year sentence should run from the...
Source-derived case information.
- Citation
- [2023] KEHC 25769 (KLR)
- Parties
- Applicant: Dennis Omondi Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 108 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Period Spent in Custody
- Outcome
- application allowed; sentence revised to account for time spent in custody
- Judges
- DO Ogembo
- Legal Topics
- Sentencing, Credit for Time Served, Manslaughter, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Omondi Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Period Spent in Custody
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be considered in computing his sentence.
- 2 Whether the trial court erred by not specifying the commencement date of the applicant's sentence.
Ratio Decidendi
The court found that the applicant's period spent in custody prior to sentencing had not been considered by the trial court, nor had it been addressed in a subsequent revision application. Applying Section 333(2) of the Criminal Procedure Code, the court held that the applicant's 10-year sentence should run from the date he was first arraigned in court, being 28/10/2016. The court allowed the application and revised the sentence accordingly, ensuring that the period already spent in custody was duly credited towards the applicant's sentence.
Court Disposition
application allowed; sentence revised to account for time spent in custody
Orders
- The applicant shall serve 10 years imprisonment as ordered by the trial court, with the sentence running from 28/10/2016, the date of first arraignment.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Republic (Miscellaneous Criminal Application 108 of 2023) [2023] KEHC 25769 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25769 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 108 of 2023
DO Ogembo, J
November 23, 2023
Between
Dennis Omondi Otieno
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Dennis Omondi Otieno, has moved this court by way of a Notice of motion application dated 23/6/2023. The same seeks that the period the applicant spent in custody awaiting determination of his case be accounted for in this sentence. In his estimation, it is a period of 9 months. The Prosecution has made no submissions on the application of the applicant.
2. I have considered the application of the applicant. I have also considered the record of proceedings of the trial court. The accused was charged with the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was first arraigned in court on 28/10/2016. Upon conviction, he was sentenced to serve 10 years imprisonment. This was on 24/8/2017.
3. In the sentence proceedings of the court, the court did not specifically state the commencement date of the sentence. However, the since the date of sentence, the court considered an application for revision of the applicant’s sentence in Criminal Revision No. E055 of 2022.
4. On 22/12/2022, the Hon. Justice Aburili dismissed the plea for revision of the sentence. The Plea for consideration of period served in custody was however not dealt with in the said application.
5. It is for this reason that I find merit in the application of the applicant dated 23/6/2023. I allow the same and revise the sentence of the applicant. I order that the applicant shall serve 10 years imprisonment as ordered by the trial court. This sentence shall run from 28/10/2016, the date the applicant was first arraigned in court. It is so ordered.
D.O. OGEMBOJUDGE23. 11. 2023Court:Ruling read out in Open court in the presence of the applicantMs. Mumu for State.D.O. OGEMBOJUDGE23. 11. 2023