Atai v Republic (Miscellaneous Criminal Application E075 of 2022) [2023] KEHC 3426 (KLR) (13 April 2023) (Ruling) Neutral citation: [2023] KEHC 3426 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CRIMINAL APPLICATION E075 OF 2022 RE ABURILI, J APRIL 13, 2023 BETWEEN KELVIN ATAI ........................................................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The convict/applicant Kelvin Atai was convicted and sentenced to serve three (3) years imprisonment on October 18, 2021 for the ofience of handling stolen property contrary to section 322(1) (2) of the Penal Code, vide Tamu Principal Magistrate’s Court in Criminal Case No. 128 f 2021. 2. He has not appealed and prays that the three (3) years imprisonment be calculated from the date of arrest on March 16, 2021. The court called for the lower court file which has not been forthcoming from July 8, 2022. 3. I hereby allow the application and order that the three (3) years imprisonment imposed on the convict shall be calculated from the date of his arrest on March 16, 2021 subject to verification by prison authorities from the trial court that the convict was in custody during that period until sentencing on October 18, 2021. 4. This file is now closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF APRIL, 2023 R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/3426/eng@2023-04-13 1
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