Omondi v Republic [2024] KEHC 11848 (KLR)

Omondi v Republic (Miscellaneous Criminal Application E105 of 2023) [2024] KEHC 11848 (KLR) (27 September 2024) (Ruling)

Neutral citation: [2024] KEHC 11848 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E105 of 2023

RE Aburili, J

September 27, 2024

Between

Erick Oduor Omondi

Applicant

and

Republic

Respondent

(Being an Application for review of Conviction and sentence in Ukwala SRM’s Court vide Criminal Case No. 196 of 2021 delivered by Hon. C. I Agutu, SRM dated 5/10/2022)

Ruling

1. The Applicant Erick Oduor Omondi was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He was sentenced to serve 5 years by Hon. C. I. Agutu, SRM on 5/10/2022 after a full trial.

2. He now applies that the period spent in custody pending trial be considered as stipulated under Section 333 (2) of the Criminal Procedure Code. I have perused the trial court record vide Ukwala PM Cr. 196/2021. The applicant was sentenced on 5/10/2022 and indeed there is no mention of the time spent in custody.

3. The trial court record (charge sheet) shows that he was arrested on 20/3/2021. He was in custody during the trial.

4. That being the case, I find the application merited as Section 333 (2) of the Criminal Procedure Code mandates trial courts to take into account the time spent in remand custody prior to sentencing.

5. Accordingly, I hereby allow the application dated 27/11/2023 and order that the 5 years imprisonment imposed on the convict Erick Oduor Omondi shall be calculated from date of his arrest on 20/3/2021 as per the charge sheet signed and dated 13/4/2021.

6. Signal to issue.

7. This file is closed. I so order.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 27TH DAY OF SEPTEMBER, 2024R. E. ABURILIJUDGE