Charles Owino Olongo v Republic

Olongo v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 799 (KLR) (9 February 2023) (Ruling) Neutral citation: [2023] KEHC 799 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E010 OF 2023 RE ABURILI, J FEBRUARY 9, 2023 BETWEEN CHARLES OWINO OLONGO ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for sentence review in Judgment, conviction and sentence of Hon. J.O. Ongondo, SPM in Bondo PM SO No. 503/2012 and in Kisumu HCCRA No. 98/2012) RULING 1. The convict/applicant Charles Otieno Olongo claims that he was convicted and sentenced to serve twenty (20) years imprisonment vide Bondo PM SO No. 503/2012 and his appeal to Kisumu HCCRA 98/2012 was dismissed. He now applies that this court considers section 333(2) of the Criminal Procedure Code on the time he spent in prison custody which was 3 months from 9/7/2012 to 9/10/2012 when he was convicted and sentenced. 2. I have perused the warrant of commitment to prison dated 9/10/2012. 3. The sentence imposed did not take into account the period spent in custody. 4. For the above reasons, I find the application dated 2/2/2023 merited. I allow it and order that the twenty (20) years imprisonment imposed on the applicant/convict herein shall take into account or be calculated from the date of his arrest on 9/7/2012. 5. I so order. 6. File closed. Dated, signed and Delivered at Siaya this 9th Day of February, 2023 R.E. ABURILI https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/799/eng@2023-02-09 1

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