Oudu v Republic (Miscellaneous Criminal Application E058 of 2022) [2023] KEHC 3089 (KLR) (28 March 2023) (Ruling) Neutral citation: [2023] KEHC 3089 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E058 OF 2022 RE ABURILI, J MARCH 28, 2023 BETWEEN ELIUD OSWAGO OUDU ........................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. On September 23, 2010, the Convict herein Eliud Oswago Oudu was convicted and sentenced to serve twenty five (25) years imprisonment for the ofience of murder. He was found guilty of murder of his own mother Risper Odeyo Oudu. This was vide Kisumu HCCRC No. 41 of 2008. 2. As there was no automatic release of the convict on bond pending trial, I find his application that section 333(2) of the Criminal Procedure Code be taken into account in sentencing merited. He remained in custody throughout the trial. 3. From the attached court proceedings and evidence of PW 7, Corporal Kenneth Kangogo, the Convict was arrested on September 25, 2008. 4. I allow the application and order that the twenty five (25) years imprisonment imposed on him shall be calculated from September 25, 2008 when he was arrested. I so order. File closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 28TH DAY OF MARCH, 2023 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3089/eng@2023-03-28 1
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