[2024] KEHC 14309 (KLR)
The court found that the applicant was arrested on 29/9/2018 and remained in custody throughout the trial, as there was no evidence of his release on bond. The trial court, when sentencing the applicant to ten years imprisonment for incest, failed to consider the period already spent in remand custody as mandated by...
Source-derived case information.
- Citation
- [2024] KEHC 14309 (KLR)
- Parties
- Applicant: Peter Okoth Radak; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E066 of 2024
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Credit for Time Served, Incest Offence, Sexual Offences Act, Remand Custody, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Okoth Radak
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the period spent in remand custody by the applicant should be considered in computing his sentence as required by law.
Ratio Decidendi
The court found that the applicant was arrested on 29/9/2018 and remained in custody throughout the trial, as there was no evidence of his release on bond. The trial court, when sentencing the applicant to ten years imprisonment for incest, failed to consider the period already spent in remand custody as mandated by Section 333(2) of the Criminal Procedure Code. The High Court held that this omission was an error and ordered that the applicant's sentence be computed from the date of arrest, thereby ensuring compliance with statutory requirements regarding credit for time served.
Court Disposition
application allowed
Orders
- The ten years imprisonment imposed on the applicant shall be calculated from the date of arrest, 29/9/2018.
- This file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Radak v Republic (Criminal Miscellaneous Application E066 of 2024) [2024] KEHC 14309 (KLR) (8 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14309 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Miscellaneous Application E066 of 2024
RE Aburili, J
November 8, 2024
Between
Peter Okoth Radak
Applicant
and
Republic
Respondent
Ruling
1. The Applicant Peter Okoth Radak is a convict in Ukwala PM Sexual Offence Case No. 41/2018 where he was tried and sentenced to serve 10 years imprisonment on 7/8/2019, for the offence of Incest contrary to Section 20 (1) of the Sexual Offences Act. He defiled and fathered a child with his niece.
2. He now applies vide his application dated 13/6/2024 that the one year spent in remand custody be considered in the sentence imposed.
3. I have perused the Notice of Motion and the trial court record. The convict was arrested on 29/9/2018 according to the charge sheet dated 3/10/2018. The trial magistrate granted him bond of Kshs 250,000/= plus one surety of similar amount on 3/10/2018 after taking the plea.
4. There is no evidence that he was released on bond. The sentence passed on 7/8/2019 did not take into account the period spent in custody during the trial as required under Section 333 (2) of the Criminal Procedure Code. Accordingly, I allow the application and order that the ten year’s imprisonment shall be calculated from date of arrest on 29/9/2018. Signal to issue.
5. This file is closed. I so order.
RULING DATED, SIGNED AND DELIVERED THIS 8TH DAY OF NOVEMBER, 2024. R. E . ABURILIJUDGE