Fredrick Onyango Otieno v Republic

Otieno v Republic (Miscellaneous Criminal Application 118 of 2023) [2024] KEHC 14346 (KLR) (8 November 2024) (Ruling) Neutral citation: [2024] KEHC 14346 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION 118 OF 2023 RE ABURILI, J NOVEMBER 8, 2024 BETWEEN FREDRICK ONYANGO OTIENO ......................................................... APPLICANT AND REPUBLIC ............................................................................................ RESPONDENT RULING 1. The Applicant Fredrick Onyango Otieno was convicted and sentenced to serve 20 years imprisonment on 16/9/2016 vide Ukwala PM Sexual Ofience Case no 30/2016 for the ofience of defilement contrary to Section 8(1) as read with Section 8 (3) of the Sexual Offences Act. 2. He appealed vide Siaya HCCRA 134/2016 which appeal was heard on merit and dismissed on 18/4/2018. Vide his application filed on 3/8/2023, the convict seeks for consideration of the period he spent in custody from 12/1/2016 to 9/4/2018 to be part of the sentence served. 3. I have perused the application as filed, the grounds and supporting affidavit. 4. I have also perused the trail court record in Ukwala PM SO Case no 30/2016. The convict was arrested on 17/1/2016 according to the charge sheet dated 19/1/2016. He appeared in court for plea on 19/1/2016 and after pleading not guilty, the hearing took place in earnest on the same day. He was convicted and sentenced on 28/9/2016. 5. I allow the application and order that the 20 years’ imprisonment imposed shall be calculated from 17/1/2016 date of arrest. 6. Signal to issue. File closed. 7. I so order. DATED, SIGNED AND DELIVERED AT SIAYA THIS 8TH DAY OF NOVEMBER, 2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/14346/eng@2024-11-08 1

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