[2023] KEHC 25966 (KLR)
The court found, based on the lower court record, that the applicant was in custody for only 10 days, not 3 weeks as claimed. Applying Section 333(2) of the Criminal Procedure Code, the court ordered that the applicant's sentence of 10 years imprisonment should be computed from 1/2/2023, effectively deducting the 10...
Source-derived case information.
- Citation
- [2023] KEHC 25966 (KLR)
- Parties
- Applicant: Dennis Omondi Were; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 110 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Computation
- Outcome
- application partially allowed
- Judges
- DO Ogembo
- Legal Topics
- Sentencing, Remand Custody Credit, Sexual Offences, Defilement, Criminal Procedure Code, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dennis Omondi Were
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Computation
Legal Issues
- 1 Whether the period spent by the applicant in remand custody should be considered in the computation of his sentence.
- 2 Whether the applicant was in custody for the period claimed.
Ratio Decidendi
The court found, based on the lower court record, that the applicant was in custody for only 10 days, not 3 weeks as claimed. Applying Section 333(2) of the Criminal Procedure Code, the court ordered that the applicant's sentence of 10 years imprisonment should be computed from 1/2/2023, effectively deducting the 10 days spent in remand custody from the total sentence. The court thus ensured compliance with statutory requirements regarding sentence computation for time spent in custody.
Court Disposition
application partially allowed
Orders
- The applicant shall serve 10 years imprisonment as ordered by the trial court, with the sentence running from 1/2/2023 (10 years imprisonment less 10 days spent in custody).
Full Case Text
Judgment text and source record
18 paragraphs
Were v Republic (Miscellaneous Criminal Application 110 of 2023) [2023] KEHC 25966 (KLR) (23 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25966 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application 110 of 2023
DO Ogembo, J
November 23, 2023
Between
Dennis Omondi Were
Applicant
and
Republic
Respondent
Ruling
1. The applicant Dennis Omondi Were has filed a Notice of motion application herein dated 23/7/2023. The same seeks that the period the applicant spent in remand custody awaiting determination of his case be accounted for in his sentence. He has deponed that he spent 3 weeks in custody. The Prosecution made no substantive response to the application.
2. The record of proceedings of the lower court show that the applicant was charged with defilement contrary to Section 8(1)(4) of the Sexual Offences Act, No. 3 of 2006. This was on 9/2/2021. His surety was approved by the court on the same date and a release order was duly signed by the court on 19/5/2021. He was therefore in custody for barely 10 days.
3. In line with Section 333(2) of the Criminal Procedure Code, I order that the applicant shall serve 10 years imprisonment as ordered by the trial court. The sentence of the applicant shall run from 1/2/2023 (i.e. 10 years imprisonment less 10 days).
D.O. OGEMBOJUDGE23. 11. 2023Court:Ruling read out in Open court in the presence of the applicant andMs. Mumu for State.D.O. OGEMBOJUDGE23. 11. 2023