Onyango v Republic [2023] KEHC 2974 (KLR)

Onyango v Republic (Miscellaneous Criminal Application E126 of 2022) [2023] KEHC 2974 (KLR) (27 March 2023) (Ruling)

Neutral citation: [2023] KEHC 2974 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E126 of 2022

RE Aburili, J

March 27, 2023

Between

Elphas Kengo Onyango

Applicant

and

Republic

Respondent

Ruling

1. The convict/applicant herein Elphas Kengo Onyango was sentenced to death for the offence of robbery with violence and rape by Maseno Senior Principal Magistrate’s court. He claims that his appeals to this court vide HCCRA No 96 of 2004 and to the Court of Appeal vide Court of Appeal criminal appeal No 99 of 2007 were all dismissed and later death sentence was commuted to life imprisonment.

2. That vide Kisumu High Court petition No 7 of 2018, he was sentenced to serve thirty (30) years imprisonment.

3. He now prays that the seven (7) months and four (4) days spent in custody be taken into account, from his arrest, on November 3, 2003 to June 7, 2004.

4. I have considered the application, the convict already benefited from the least severe sentence through resentencing. However, as he was not on bond during trial, I hereby give him the benefit of section 333(2) of theCriminal Procedure Codeand order that the thirty (30) years imprisonment reimposed on him shall be calculated from November 3, 2003 when he was arrested.

5. I so order. File closed.

Dated, Signed and Delivered at Kisumu this 27thDay of March, 2023R. E. ABURILIJUDGE