Odongo v Republic [2024] KEHC 4788 (KLR)

Odongo v Republic (Criminal Revision E005 of 2024) [2024] KEHC 4788 (KLR) (7 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4788 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Revision E005 of 2024

RE Aburili, J

May 7, 2024

Between

Samuel Odhiambo Odongo alias Wesonga

Applicant

and

Republic

Respondent

Ruling

1. The Convict/Applicant is Samuel Odhiambo Odongo alias Wesonga. He was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code vide Kisumu HCCRC No. 18 of 2009.

2. He was sentenced to serve 25 years’ imprisonment on 26th July 2012 as per the warrant of committal annexed.

3. The sentence does not mention the period that the convict was in prison custody pending trial, according to the warrant of commitment to prison attached.

4. He prays that Section 333(2) of the Criminal Procedure Code be taken into account in computing the prison term.

5. From the Judgment of H. K. Chemitei J of 4th July 2012, the Convict was arrested on 12th March 2009. There is no evidence that he benefitted from bond terms in capital offences as such offences were not bailable pre-2010 Constitution.

6. I invoke Section 333(2) of the Criminal Procedure Code and order that the 25 years’ imprisonment shall run from 12th March 2009 when the convict was arrested.

7. I so order.

Dated, Signed and Delivered at Kisumu this 7thDay of May, 2024R. E. ABURILIJUDGEPage 2 of 2