[2025] KEHC 6135 (KLR)
The court held that Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be considered when computing the term of imprisonment. The trial court failed to comply with this requirement, as the Applicants remained in custody from the date of plea but this...
Source-derived case information.
- Citation
- [2025] KEHC 6135 (KLR)
- Parties
- Applicant: Anthony Oduor Owuor; Applicant: Lucy Akinyi Adhiambo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E017 of 2025
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Review
- Outcome
- application allowed in part
- Judges
- JM Omido
- Legal Topics
- Sentence Review, Commencement of Sentence, Pre Sentence Custody, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Oduor Owuor
Applicant
Lucy Akinyi Adhiambo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Review
Legal Issues
- 1 Whether the sentencing court erred by not considering the period the Applicants spent in custody prior to sentencing.
- 2 Whether the Applicants' sentences should be reviewed to commence from the date of their arrest or plea.
Ratio Decidendi
The court held that Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be considered when computing the term of imprisonment. The trial court failed to comply with this requirement, as the Applicants remained in custody from the date of plea but this period was not factored into their sentences. The High Court, therefore, reviewed the sentences to order that the imprisonment terms for both Applicants shall run from 6th March, 2023, the date they were presented for plea. This ensures compliance with statutory provisions and upholds the rights of the Applicants to have pre-sentence custody considered in the computation of their...
Court Disposition
application allowed in part
Orders
- The sentences of imprisonment for both Applicants shall run from 6th March, 2023, the date they were presented for plea.
- A copy of this ruling to be served upon the Officers in Charge, Kisumu Maximum Security Prison and Kisumu Women’s Prison for immediate action.
Full Case Text
Judgment text and source record
24 paragraphs
Owuor & another v Republic (Miscellaneous Criminal Application E017 of 2025) [2025] KEHC 6135 (KLR) (6 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6135 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E017 of 2025
JM Omido, J
May 6, 2025
Between
Anthony Oduor Owuor
1st Applicant
Lucy Akinyi Adhiambo
2nd Applicant
and
Republic
Respondent
Ruling
1. I have considered the Notice of Motion dated 9th January, 2025 that seeks for an order that this court reviews the sentence of ten (10) years imprisonment that was imposed against each of the Applicants on 16th January, 2024 in Kisumu CMCR Case No. E138 of 2023; and proceeds to make an order that the sentence in respect of each Applicant runs from the date of their arrest.
2. I have perused the trial court file and note that the two Applicants were presented for plea on 6th March, 2023. Although they were granted bond, the two Applicants remained in custody throughout their trial.
3. Section 333(2) of the Criminal Procedure Code addresses the commencement of sentences. The said provision of statute dictates that a sentence of imprisonment generally begins on the date that it is pronounced, including the entire day, unless otherwise specified. However, the same Section states that if the person has been in custody prior to sentencing, the sentence must account for that time spent in custody.
4. Thus then, in line with Section 333(2) of the Criminal Procedure Code, the time that the Applicants remained in custody ought to have been considered by the sentencing court, which was not done.
5. Accordingly, I proceed to review the two Applicants’ respective sentences of imprisonment only to the extent that their said sentences shall run from the date that they were presented before court for plea, which is 6th March, 2023.
11. A copy of this ruling to be served upon the Officers in Charge, Kisumu Maximum Security Prison and Kisumu Women’s Prison for immediate action.
12. This file is closed.
DELIVERED, SIGNED AND DATED AT THIS 6TH DAY OF MAY, 2025. JOE M. OMIDOJUDGEApplicants: Present, virtually.Respondent: Ms. Muema, Prosecution Counsel.