Awidhi v Republic [2024] KEHC 15498 (KLR)

Awidhi v Republic (Miscellaneous Criminal Application E074 of 2024) [2024] KEHC 15498 (KLR) (4 December 2024) (Ruling)

Neutral citation: [2024] KEHC 15498 (KLR)

Republic of Kenya

In the High Court at Migori

Miscellaneous Criminal Application E074 of 2024

A. Ong’injo, J

December 4, 2024

Between

Kevin Otieno Awidhi

Applicant

and

Republic

Respondent

Ruling

1. The Applicant seeks that the period he took in remand custody be factored in his sentence of 30 years.

2. He claimed that he was arrested on 15. 2.2018 and remained in custody upto 5th October 2022 when he was sentenced. The release order for the Applicant found in the records of the trial court it was issued on dated 5th July 2018 when his nephew Moris Ouma, stood surety for him. He is therefore entitled to 4 months which should be factored in his sentence of 30 years and not 4 years as alleged.

3. The Applicant’s appeal is also pending in the Court Appeal and he should be able to canvass the issue of review of his sentence therein.

DELIVERED DATED AND SIGNED AT MIGORI THIS 4THDAY OF DECEMBER, 2024. ……………………………..A. ONG’INJOJUDGEJudgment delivered in the presence ofMr.Oimbo for RespondentNo appearance for Appellant – Held in NaivashaLola – Court Assistant