Maurice Otieno Amollo v Republic

Amollo v Republic (Miscellaneous Criminal Application E057 of 2024) [2024] KEHC 11846 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11846 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E057 OF 2024 RE ABURILI, J SEPTEMBER 27, 2024 BETWEEN MAURICE OTIENO AMOLLO .............................................................. APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for review of Conviction and sentence of Madiany PM’s Court vide Criminal Case No. 283 of 2023 delivered by Hon. Eric Malesi dated 01/2/2024) RULING 1. The applicant is Maurice Otieno Amollo. He was convicted of the ofience of stealing a motor cycle contrary to Section 278 A of the Penal Code. He was sentenced to serve three (3) years imprisonment on 29/2/2024. He now applies that Section 333 (2) of the Criminal Procedure Code be considered being the period spent in custody. 2. I have perused the trial court record Madiany PM’s CR. E283/2023. The charge sheet dated 6/11/2023 shows that the applicant was arrested on 3/11/2023. He took plea on 6/11/2023. 3. There is no evidence of the applicant being released on bond pending trial after the prosecution did urge the court limits the bond terms to a surety since the accused had disappeared from September 2022 to 3/11/2023, more than a year. 4. Accordingly, I find this application dated 19/6/2024 merited as the sentencing court did not consider the period spent in custody. I allow the application dated 19/6/2024 and order that the 3 years imprisonment shall be calculated from 3/11/2023, the date of arrest of the convict Maurice Otieno Amollo. 5. Signal to issue. This file is closed. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11846/eng@2024-09-27 1

page 1 of 2