[2022] KEHC 1469 (KLR)
The court found that the applicant was arrested on 8/1/2012 and was granted bond on 10/1/2012, but did not raise bail. The trial court's warrant of committal did not indicate any rebate for time spent in remand custody. There was no evidence that the applicant absconded during trial. Therefore, the court held that...
Source-derived case information.
- Citation
- [2022] KEHC 1469 (KLR)
- Parties
- Applicant: Pius Otieno Owuor; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E024 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Remand Periods, Defilement Offences, Application of Section 333 2, Sexual Offences Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pius Otieno Owuor
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was arrested on 8/1/2012 and was granted bond on 10/1/2012, but did not raise bail. The trial court's warrant of committal did not indicate any rebate for time spent in remand custody. There was no evidence that the applicant absconded during trial. Therefore, the court held that the period spent in remand custody prior to sentencing should be considered in the computation of the applicant's sentence, and ordered that the sentence be calculated from the date of arrest, 8/1/2012.
Court Disposition
application allowed
Orders
- The sentence imposed on the applicant shall be calculated from 8/1/2012, the date of his arrest.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. E024 OF 2022
CORAM: HON. R.E. ABURILI, J
PIUS OTIENO OWUOR......APPLICANT
VERSUS
REPUBLIC.......................RESPONDENT
(Being an Application arising from conviction and sentence of the Principal Magistrate’s Court at Siaya in Criminal Case No. 31 of 2015)
RULING
1. I have considered the application urging this court to invoke the provisions of Section 333(2) of the Criminal Procedure Code and allow the convict Pius Otieno Owuor to serve sentence from the date of his arrest.
2. I observe that he was charged and convicted for the offence of defilement contrary to Section 8(1) as read with section 8(4) of the Sexual Offences Act vide Siaya PM Sexual Offence Case No. 31/2012. He was sentenced to serve 15 years on 20. 2.2013.
3. The convict appealed vide Siaya HCCRA 50/2015 and J. Makau J dismissed his appeal on 21/7/2016. The convict is back to court seeking for the court to consider the period spend in remand custody. The trial court record shows that he was arrested on 8/1/2012 and that he was granted bond pending trial on 10/1/2012. I have perused the warrant of committal to prison after sentence. It does not give any rebate on the time spend in prison custody - remand prior to sentencing. There is no evidence that the convict absconded during trial. He did not raise bail granted to him.
4. Accordingly, I find the application merited. I allow it and order that the sentence imposed to be calculated from 8/1/2012 when the convict was arrested.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE