Amollo v Republic [2024] KEHC 11846 (KLR)

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 offence 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.I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE