Otieno v Republic [2022] KEHC 14023 (KLR)

Otieno v Republic (Miscellaneous Criminal Application E112 of 2022) [2022] KEHC 14023 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14023 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E112 of 2022

RE Aburili, J

October 12, 2022

Between

Habil Odhiambo Otieno

Applicant

and

Republic

Respondent

(Being an Application for computation of time spent in prison custody from Judgment, conviction and sentence in PM’s court at Ukwala in Sexual Offence Case No. 601 of 2014 AND in Siaya HCRA No. 01/2016 by Hon. Makau J on 25/1/2017)

Ruling

1. The applicant is Habil Odhiambo Otieno. He was convicted of the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act, by PM’s court at Ukwala in Sexual Offence Case No 601 of 2014. He was sentenced to serve 15 years imprisonment. He appealed to this court vide HCRA 01/2016, his appeal against conviction and sentence was dismissed by Makau, J on January 25, 2017.

2. In the present application, the convict seeks for computation of the time he spent in prison custody as stipulated in section 333 (2) of the Criminal Procedure Code.

3. I have considered the application and perused the trial court proceedings where the convict was represented by an advocate. He was given bond of Kshs 300,000/= plus one surety of similar amount on July 10, 2015 but he did not raise bond.

4. The charge sheet shows that he was arrested on February 21, 2015 and presented to court on February 23, 2015.

5. For the above reason, as the trial court or this court on appeal did not consider the time spent in custody, I allow this application and order that the 15 years imprisonment shall be calculated from February 21, 2015 when the convict/applicant herein was arrested.

6. I so order.

7. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 12TH DAY OF OCTOBER, 2022. RE ABURILIJUDGE