Olongo v Republic [2023] KEHC 799 (KLR)

Olongo v Republic (Miscellaneous Criminal Application E010 of 2023) [2023] KEHC 799 (KLR) (9 February 2023) (Ruling)

Neutral citation: [2023] KEHC 799 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E010 of 2023

RE Aburili, J

February 9, 2023

Between

Charles Owino Olongo

Applicant

and

Republic

Respondent

(Being an Application for sentence review in Judgment, conviction and sentence of Hon. J.O. Ongondo, SPM in Bondo PM SO No. 503/2012 and in Kisumu HCCRA No. 98/2012)

Ruling

1. The convict/applicant Charles Otieno Olongo claims that he was convicted and sentenced to serve twenty (20) years imprisonment vide Bondo PM SO No. 503/2012 and his appeal to Kisumu HCCRA 98/2012 was dismissed. He now applies that this court considers section 333(2) of the Criminal Procedure Codeon the time he spent in prison custody which was 3 months from 9/7/2012 to 9/10/2012 when he was convicted and sentenced.

2. I have perused the warrant of commitment to prison dated 9/10/2012.

3. The sentence imposed did not take into account the period spent in custody.

4. For the above reasons, I find the application dated 2/2/2023 merited. I allow it and order that the twenty (20) years imprisonment imposed on the applicant/convict herein shall take into account or be calculated from the date of his arrest on 9/7/2012.

5. I so order.

6. File closed.

Dated, signed and Delivered at Siaya this 9th Day of February, 2023R.E. ABURILIJUDGE