Pius Otieno Owuor v Republic [2022] KEHC 1469 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

MISCELLANEOUS CRIMINAL APPLICATION NO. E024 OF 2022

CORAM: HON. R.E. ABURILI, J

PIUS OTIENO OWUOR......APPLICANT

VERSUS

REPUBLIC.......................RESPONDENT

(Being an Application arising from conviction and sentence of the Principal Magistrate’s Court at Siaya in Criminal Case No. 31 of 2015)

RULING

1. I have considered the application urging this court to invoke the provisions of Section 333(2) of the Criminal Procedure Code and allow the convict Pius Otieno Owuor to serve sentence from the date of his arrest.

2. I observe that he was charged and convicted for the offence of defilement contrary to Section 8(1) as read with section 8(4) of the Sexual Offences Act vide Siaya PM Sexual Offence Case No. 31/2012.  He was sentenced to serve 15 years on 20. 2.2013.

3. The convict appealed vide Siaya HCCRA 50/2015 and J. Makau J dismissed his appeal on 21/7/2016.  The convict is back to court seeking for the court to consider the period spend in remand custody.  The trial court record shows that he was arrested on 8/1/2012 and that he was granted bond pending trial on 10/1/2012.  I have perused the warrant of committal to prison after sentence. It does not give any rebate on the time spend in prison custody - remand prior to sentencing.  There is no evidence that the convict absconded during trial.  He did not raise bail granted to him.

4. Accordingly, I find the application merited.  I allow it and order that the sentence imposed to be calculated from 8/1/2012 when the convict was arrested.

5. File closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MARCH, 2022

R.E. ABURILI

JUDGE