Otieno v Republic [2022] KEHC 14042 (KLR)

Otieno v Republic (Miscellaneous Criminal Application E099 of 2022) [2022] KEHC 14042 (KLR) (12 October 2022) (Ruling)

Neutral citation: [2022] KEHC 14042 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application E099 of 2022

RE Aburili, J

October 12, 2022

Between

Byron Omondi Otieno

Applicant

and

Republic

Respondent

(Being an Application for resentencing arising from Judgment, conviction and sentence of Hon. G. Adhiambo, Senior Resident Magistrate in SRM’s court at Ukwala in Criminal Case No. 352 of 2016 on 7. 10. 2016 AND in Siaya HCRA No. 182/2016)

Ruling

1. The convict/applicant herein is Byron Omondi Otieno. He was sentenced to serve ten (10) years imprisonment for the offence of being in possession of a firearm without a licence contrary to Section 4 (A) as read with Section 4 A (2) Firearms Act. This was vide Ukwala PM Cr. Case No. 352/2016. He appealed to this court vide HCRA 182/2016 which appeal was heard and determined and the appeal dismissed both on conviction and sentence. This was on 13/6/2018.

2. The applicant filed a Notice of Appeal to the Court of Appeal. The outcome is unknown. He now seeks from this court consideration of time spent in custody from date of arrest, as stipulated in Section 333 (2) of the Criminal Procedure Code.

3. I have considered the application and perused the trial court proceedings. The applicant was granted bond of Kshs. 1,000,000/= with one surety but this was later reduced to Kshs. 800,000/= with one surety on 24/6/2016. He did not raise bond.

4. That means he remained in custody pending trial. For the above reason, I find this application merited. I allow it and order that the 10 years imprisonment meted on the applicant herein shall be calculated from the date of his arrest on 25/5/2016 as per the Charge sheet. I so order.

5. File closed.

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