[2023] KEHC 3088 (KLR)
The court held that the period of seven months and two days spent by the applicant in custody prior to his conviction must be considered in the computation of his three-year imprisonment sentence. The judge relied on Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody...
Source-derived case information.
- Citation
- [2023] KEHC 3088 (KLR)
- Parties
- Applicant: Kevin Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E074 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Calculation of Sentence, Imprisonment Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kevin Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period spent in custody prior to conviction should be considered in calculating the applicant's sentence.
- 2 Whether the applicant is entitled to have his three-year imprisonment term computed from the date of arrest.
Ratio Decidendi
The court held that the period of seven months and two days spent by the applicant in custody prior to his conviction must be considered in the computation of his three-year imprisonment sentence. The judge relied on Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody before conviction should be taken into account when passing sentence. The court further directed the prison authorities to verify the actual period spent in custody from the date of arrest, March 16, 2021, as the judgment was not accompanied by proceedings and the charge sheet. The application was allowed, and the applicant's sentence was ordered to be calculated from the date of...
Court Disposition
application allowed
Orders
- The three-year imprisonment imposed on the applicant shall be calculated from the date of his arrest, March 16, 2021, and time spent in custody prior to conviction.
- Prison authorities to verify the period spent in custody upon arrest if the applicant was not released on bond.
Full Case Text
Judgment text and source record
23 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E074 of 2022) [2023] KEHC 3088 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3088 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E074 of 2022
RE Aburili, J
March 28, 2023
Between
Kevin Otieno
Applicant
and
Republic
Respondent
Ruling
1. The convict/applicant is Kevin Otieno. He was convicted and sentenced to serve three (3) years imprisonment for the offence of stealing and handling stolen property. He is 33 years old. This was vide Tamu Principal Magistrate’s Court Criminal Case No 128 of 2021.
2. The sentence was pronounced on October 18, 2021 and he claims he was arrested on March 16, 2021.
3. He prays that the period of seven (7) months and two (2) days he spent in custody be considered.
4. I have perused the lower Court’s judgment annexed and the life skills certificates obtained from prison by the convict who has undergone some transformation positively. However, in the lower court, the convict called witnesses whose evidence was impeached by the trial court as not being credible and was aimed at misleading the court to find the convict herein not culpable.
5. That notwithstanding, I hereby allow the application and order that the three (3) years imprisonment imposed on the convict herein shall be calculated from date of his arrest and time spent in prison custody prior to his being convicted.
6. The prison authorities to verify the period spent in custody upon arrest March 16, 2021 if he was not released on bond as judgment attached are not accompanied by proceedings and the charge sheet.
7. I so order.
8. File closed.
Dated, Signed and Delivered at Kisumu this 28thDay of March, 2023R. E. ABURILIJUDGE