Nalo v Republic [2024] KEHC 5115 (KLR)

Nalo v Republic (Miscellaneous Criminal Application E065 of 2023) [2024] KEHC 5115 (KLR) (2 May 2024) (Ruling)

Neutral citation: [2024] KEHC 5115 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E065 of 2023

DO Ogembo, J

May 2, 2024

Between

Godfrey Ochieng Nalo

Applicant

and

Republic

Respondent

(Being an Application for Sentence Review from Sentence in the PM’s at Bondo in Sexual Offence Case No. 82 of 2019 delivered on 15/7/2022 by Hon. S.W. Mathenge – SRM)

Ruling

1. The Applicant, Godfrey Ochieng Nalo, vide an application dated 31st May 2023 applies for Revision of his sentence.

2. The application is brought under Section 333 (2) of the Criminal Procedure Code. He pleads that the period he spent in custody while awaiting determination of his case be accounted for in his sentence.

3. I have considered this application I have also considered the record of proceedings of the lower court. Same show that the applicant was charged with the offence of Rape contrary to Section 3 (1) (a) (c) as read with Section 3 of the Sexual Offences Act, No. 3 of 2006.

4. He was subsequently tried, convicted and sentenced to serve 10 years imprisonment.

5. I have further perused the sentence proceedings of the lower court of 15/7/2020. In the said proceedings the court did not indicate when the sentence of the applicant would start running or if indeed the period the applicant spent in custody was accounted for in the sentence. The court ought to have done this pursuant to Section 333 (2) of the Criminal Procedure Code.

6. It is for this reason that I find merit in the application of the applicant. I allow the same and revise the sentence of the lower court. I order that the Applicant do serve 10 years imprisonment as ordered by the trial court. This sentence shall run from 21/11/2019 when the Applicant was first arraigned in court. It is so ordered.

DATED, SIGNED AND DELIVERED THIS 2ND DAY OF MAY, 2024. D. O. OGEMBOJUDGE2/5/2024CourtRuling read out in Open Court in presence of the Applicant and Ms. Kerubo for the State.D. O. OGEMBOJUDGE2/5/2024CourtFile closed.D. O. OGEMBOJUDGE2/5/2024