Omundo v Republic [2024] KEHC 16158 (KLR)

Omundo v Republic (Miscellaneous Criminal Case E031 of 2024) [2024] KEHC 16158 (KLR) (Crim) (20 December 2024) (Ruling)

Neutral citation: [2024] KEHC 16158 (KLR)

Republic of Kenya

In the High Court at Nyandarua

Criminal

Miscellaneous Criminal Case E031 of 2024

CM Kariuki, J

December 20, 2024

Between

Andrew Obae Omundo

Appellant

and

Republic

Respondent

Ruling

1. The Appellant/Applicant was convicted and sentenced to serve:a.Count 1 Kshs, 200,000 or two (2) years in jail.b.Count 2 Kshs. 200,000 or two (2) years andc.Count 3 – Kshs 3 million or five (5) years

2. . They were to run consecutively however on his appeal the court order they runs concurrently.

3. . The prison now via the Appellant seek the clarification on period he has served as court ordered period appellant served in custody be taken to account.

4. . Appellant took plea on 27/5/2022 and was convicted and sentenced on 15/11/2022.

5. . The appellant was granted bond but was not able to raise thus the period which ought to be considered is of 27/5/2022 to 15/11/2022 five months.

6. . The trial court did not take to account of the same thus the court orders in the five (5) years applicant is serving he will have five (5) months deducted thereof in computation of the time remaining in service of 5 years.

Orders accordingly.

RULING DATED, SIGNED, AND DELIVERED AT NYANDARUA THIS 20TH DAY OF DECEMBER 2024………………………………..CHARLES KARIUKIJUDGE