Radak v Republic (Criminal Miscellaneous Application E066 of 2024) [2024] KEHC 14309 (KLR) (8 November 2024) (Ruling) Neutral citation: [2024] KEHC 14309 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA CRIMINAL MISCELLANEOUS APPLICATION E066 OF 2024 RE ABURILI, J NOVEMBER 8, 2024 BETWEEN PETER OKOTH RADAK ........................................................................ APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Peter Okoth Radak is a convict in Ukwala PM Sexual Ofience Case No. 41/2018 where he was tried and sentenced to serve 10 years imprisonment on 7/8/2019, for the ofience of Incest contrary to Section 20 (1) of the Sexual Offences Act. He defiled and fathered a child with his niece. 2. He now applies vide his application dated 13/6/2024 that the one year spent in remand custody be considered in the sentence imposed. 3. I have perused the Notice of Motion and the trial court record. The convict was arrested on 29/9/2018 according to the charge sheet dated 3/10/2018. The trial magistrate granted him bond of Kshs 250,000/= plus one surety of similar amount on 3/10/2018 after taking the plea. 4. There is no evidence that he was released on bond. The sentence passed on 7/8/2019 did not take into account the period spent in custody during the trial as required under Section 333 (2) of the Criminal Procedure Code. Accordingly, I allow the application and order that the ten year’s imprisonment shall be calculated from date of arrest on 29/9/2018. Signal to issue. 5. This file is closed. I so order. RULING DATED, SIGNED AND DELIVERED THIS 8TH DAY OF NOVEMBER, 2024. R. E . ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14309/eng@2024-11-08 1
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