John Odhiambo Ogoche v Republic

Ogoche v Republic (Miscellaneous Criminal Case E055 of 2024) [2024] KEHC 11898 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11898 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL CASE E055 OF 2024 RE ABURILI, J SEPTEMBER 27, 2024 BETWEEN JOHN ODHIAMBO OGOCHE ............................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT (Being an Application for review of Conviction and Sentence of Siaya CM’s Criminal Case No. e252 of 2023 delivered by Hon. B. Limo, Principal Magistrate dated 12/10/2023) RULING 1. The applicant is John Odhiambo Ogoche. He is a convict in Siaya CM Cr Case No. E252 of 2023 for 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 13/10/2023. The convict was also ordered to compensate the complainant the value of the stolen motor vehicle. 2. The convict is now before this court vide an application dated 19/6/2024 seeking that the court considers Section 333 (2) of the Criminal Procedure Code, the period he spent in custody prior to sentencing. 3. I have considered the application and the grounds in support thereto. 4. I have also perused the trial court record. The applicant was arrested on 17/5/2023 according to the charge sheet dated 18/5/2023. He appeared in court on 18/5/2023 and was granted bond of Ksh200,000/= plus one surety or cash bail of Kshs 100,000/=. The value of the stolen motor cycle was ksh118,000/=. The applicant denied committing the ofience and the trial did not take long. 5. There is no record of release of the applicant on bond. 6. Accordingly, I allow the application and order that the three (3) years imprisonment shall run from 17/5/2023 when he was arrested and held in custody. Signal to issue. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11898/eng@2024-09-27 1

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