[2023] KEHC 3089 (KLR)
The court held that the applicant, having been in custody from the date of his arrest on September 25, 2008, until his conviction and sentencing for murder, is entitled under section 333(2) of the Criminal Procedure Code to have the period spent in custody taken into account. The judge found the application merited...
Source-derived case information.
- Citation
- [2023] KEHC 3089 (KLR)
- Parties
- Applicant: Eliud Oswago Oudu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E058 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Principles, Credit for Time Served, Murder, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Oswago Oudu
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to conviction should be considered in computing the applicant's sentence as per section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant is entitled to have his sentence run from the date of arrest.
Ratio Decidendi
The court held that the applicant, having been in custody from the date of his arrest on September 25, 2008, until his conviction and sentencing for murder, is entitled under section 333(2) of the Criminal Procedure Code to have the period spent in custody taken into account. The judge found the application merited and ordered that the 25-year sentence imposed on the applicant be computed from the date of arrest, ensuring compliance with statutory sentencing requirements and upholding the principle that pre-sentence custody must be credited towards the total term of imprisonment.
Court Disposition
application allowed
Orders
- The twenty five (25) years imprisonment imposed on the applicant shall be calculated from September 25, 2008, the date of his arrest.
- File closed.
Full Case Text
Judgment text and source record
19 paragraphs
Oudu v Republic (Miscellaneous Criminal Application E058 of 2022) [2023] KEHC 3089 (KLR) (28 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3089 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E058 of 2022
RE Aburili, J
March 28, 2023
Between
Eliud Oswago Oudu
Applicant
and
Republic
Respondent
Ruling
1. On September 23, 2010, the Convict herein Eliud Oswago Oudu was convicted and sentenced to serve twenty five (25) years imprisonment for the offence of murder. He was found guilty of murder of his own mother Risper Odeyo Oudu. This was vide Kisumu HCCRC No. 41 of 2008.
2. As there was no automatic release of the convict on bond pending trial, I find his application that section 333(2) of the Criminal Procedure Code be taken into account in sentencing merited. He remained in custody throughout the trial.
3. From the attached court proceedings and evidence of PW 7, Corporal Kenneth Kangogo, the Convict was arrested on September 25, 2008.
4. I allow the application and order that the twenty five (25) years imprisonment imposed on him shall be calculated from September 25, 2008 when he was arrested. I so order. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF MARCH, 2023R. E. ABURILIJUDGE