[2024] KEHC 14861 (KLR)
The court held that the applicant was entitled to have the period spent in remand custody credited towards his sentence. The trial court did not expressly indicate whether the remand period was considered, and the record showed the applicant was remanded from 9 September 2021 before being sentenced to 7 years...
Source-derived case information.
- Citation
- [2024] KEHC 14861 (KLR)
- Parties
- Applicant: Stephen Ooko Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E021 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation
- Outcome
- Application allowed. The applicant's 7-year sentence to run from 9 September 2021, factoring in remand period.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing, Remand Period Credit, Manslaughter, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Ooko Otieno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation
Legal Issues
- 1 Whether the period spent by the applicant in remand custody should be factored into the sentence imposed for manslaughter.
- 2 Whether the trial court erred by not expressly indicating if the remand period was considered in sentencing.
Ratio Decidendi
The court held that the applicant was entitled to have the period spent in remand custody credited towards his sentence. The trial court did not expressly indicate whether the remand period was considered, and the record showed the applicant was remanded from 9 September 2021 before being sentenced to 7 years imprisonment. Pursuant to Section 333(2) of the Criminal Procedure Code, the court ordered that the applicant's 7-year sentence should be computed from 9 September 2021, the date he was remanded, thereby ensuring the remand period is factored into the total term of imprisonment.
Court Disposition
Application allowed. The applicant's 7-year sentence to run from 9 September 2021, factoring in remand period.
Orders
- The 7-year sentence imposed on the applicant shall take effect from 9 September 2021.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Republic (Miscellaneous Criminal Application E021 of 2024) [2024] KEHC 14861 (KLR) (7 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14861 (KLR)
Republic of Kenya
In the High Court at Migori
Miscellaneous Criminal Application E021 of 2024
A. Ong’injo, J
November 7, 2024
Between
Stephen Ooko Otieno
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted in Migori CMC CR, C. No E986 OF 2024 for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 7 years imprisonment.
2. The Applicant now seeks that the 7 months that he spent in remand custody should be factored in his sentence.
3. While sentencing the Applicant in his mitigation was considered but the trial Magistrate did not indicate specifically if the sentence factored in any remand period.
4. The Appellant was remanded in custody on 23. 9.2021 and sentenced to start jail term of 7 years on 9. 2.2021. There is no indication on record that one was able to secure a surety to stand for him on bond of Kshs. 200,000/= surety of similar amount as ordered on 9. 9.2021.
5. In the circumstance, the applicant was entitled to the benefit of the remand period from 9. 9. 2021 to be factored in his sentence pursuant to Section 333(2) Criminal Procedure Code.
6. The 7 years sentence will accordingly effect from 9. 9. 2021.
DELIVERED DATED AND ASSIGNED AT MIGORI THIS 7TH DAY OF NOVEMBER, 2024. A. ONGI’NJOJUDGEIn the presence of:Ms Ikol for RespondentNo appearance for ApplicantCourt Assistant Victor