Kuya v Republic [2024] KEHC 6226 (KLR)

Kuya v Republic (Criminal Revision E023 of 2024) [2024] KEHC 6226 (KLR) (24 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6226 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Revision E023 of 2024

PJO Otieno, J

May 24, 2024

Between

Humphrey Kuya

Applicant

and

Republic

Prosecutor

Ruling

1. The record of the file reads and discloses that the Applicant was arrested on 09. 01. 2019 and arraigned in court on the same day.

2. He pleaded not guilty, was tried and subsequently convicted and sentenced to serve a jail term of ten (10) years.

3. Even though he was granted bail of Kshs. 150,000/= with one surety in the like sum, there is no record that he was ever released on bond.

4. Accordingly, having been in custody throughout the trial, his sentence ought to have taken the period served in custody pending trial.

5. The failure by trial court to take into account period served before conviction is corrected with an order that the term be computed from the 9. 01. 2019.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 24TH DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGE