Otieno v Republic (Criminal Miscellaneous Application E019 of 2024) [2024] KEHC 13437 (KLR) (22 October 2024) (Ruling) Neutral citation: [2024] KEHC 13437 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL MISCELLANEOUS APPLICATION E019 OF 2024 RE ABURILI, J OCTOBER 22, 2024 BETWEEN BENARD OMONDI OTIENO ................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The applicant Bernard Omondi Otieno is a convict vide Siaya SPM SO 59/2020 for the ofience of rape contrary to Section 3(1) (a) (c) (3) of the Sexual Offences Act. He was sentenced to serve 10 years imprisonment on 19/4/2022. He has not appealed. He applies that the period spent in custody be considered. 2. I have perused the lower court file. The charge sheet shows that the convict was arrested on 30/8/2020 and sentenced on 19/4/2022.There is no evidence that he was released on bond. 3. In the circumstances, I am satisfied that Section 333 (2) of the Criminal Procedure Code ought to have been applied, taking into account the period that the convict spent in custody during trial. 4. I allow the application dated 5/2/2024 and order that the 10 years prison imposed shall be calculated from date of arrest on 30/8/2020 as per the charge sheet. 5. This file is closed. Signal to issue. RULING DATED, SIGNED AND DELIVERED THIS 22ND DAY OF OCTOBER, 2024. R. E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/13437/eng@2024-10-22 1
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