Omondi alias Kati v Republic [2023] KEHC 25501 (KLR) | Sentencing Revision | Esheria

Omondi alias Kati v Republic [2023] KEHC 25501 (KLR)

Full Case Text

Omondi alias Kati v Republic (Miscellaneous Criminal Application E094 of 2023) [2023] KEHC 25501 (KLR) (16 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25501 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E094 of 2023

DO Ogembo, J

November 16, 2023

Between

Stephen Omondi Alias Kati

Applicant

and

Republic

Respondent

Ruling

1. The applicant, Stephen Omondi alias Kati has applied to this court under Section 333(2) of the Criminal Procedure Code, seeking that this court do revise this sentence so as to account for the period of time he spent in remand custody while awaiting the determination of his case. The Prosecution has not made any substantive response to the application of the applicant.

2. Section 333(2) of the Criminal Procedure, Cap 75, declares that any such period that an accused person remains in remand custody awaiting the determination of his trial ought to be accounted for in the sentence.

3. I have considered the record of proceedings of the trial court, the applicant was charged with the offence of Rape contrary to Section 3(1)(a)(c) as read with sub-section (3) of the Sexual Offences Act, No. 3 of 2006. He took Plea on 15/2/2021. On 9/2/2022, the applicant was sentenced to serve 5 years imprisonment.

4. From the record of proceedings of the trial court, court did not indicate whether or not the period the applicant has served in remand custody was part of the sentence. It ought to have done so pursuant to Section 333(2) of the Criminal Procedure Code.

5. It is for this reason that I find merit in the application of the application be filed on 3/8/2023. I allow the same and revise the orders of the trial court issued on 9/2/2022. I accordingly order that the applicant shall serve 5 years imprisonment as ordered by the trial court. The sentence shall however run from 5/2/2021, the date that the applicant was first arraigned in court. It is so ordered.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 16TH DAY OF NOVEMBER, 2023. D.O. OGEMBOJUDGE16. 11. 2023Court:Ruling read out in Open court in the presence of the applicant and Ms. Mumu for State.D.O. OGEMBOJUDGE16. 11. 2023