[2024] KEHC 12692 (KLR)

[2024] KEHC 12692 (KLR)

The court held that the applicant is entitled to have the period spent in custody during trial deducted from his sentence. This is in accordance with Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody prior to sentencing must be taken into account when computing the term...

Source-derived case information.

Citation
[2024] KEHC 12692 (KLR)
Parties
Applicant: David Ouma Otieno; Respondent: Republic
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Criminal Application E200 of 2024
Procedural Posture
Criminal Application / Ruling on Pre Trial Detention Credit
Outcome
application allowed
Judges
MS Shariff
Legal Topics
Pre Trial Detention, Sentence Computation
Source Language
en
Criminal Law Pre Trial Detention Sentence Computation

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Summary, issues, holding and outcome

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Parties

David Ouma Otieno

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Ruling on Pre Trial Detention Credit

Legal Issues

  1. 1 Whether the applicant is entitled to have the period spent in custody during trial deducted from his sentence.

Ratio Decidendi

The court held that the applicant is entitled to have the period spent in custody during trial deducted from his sentence. This is in accordance with Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The court considered the notice of motion and found merit in the application, allowing it and directing that the time served in custody be deducted from the applicant's sentence.

Court Disposition

application allowed

Orders

  • The term spent by the applicant in custody during trial shall be deducted from his sentence during computation of his term.