Were v Republic [2023] KEHC 25966 (KLR)

Were v Republic (Miscellaneous Criminal Application 110 of 2023) [2023] KEHC 25966 (KLR) (23 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25966 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Criminal Application 110 of 2023

DO Ogembo, J

November 23, 2023

Between

Dennis Omondi Were

Applicant

and

Republic

Respondent

Ruling

1. The applicant Dennis Omondi Were has filed a Notice of motion application herein dated 23/7/2023. The same seeks that the period the applicant spent in remand custody awaiting determination of his case be accounted for in his sentence. He has deponed that he spent 3 weeks in custody. The Prosecution made no substantive response to the application.

2. The record of proceedings of the lower court show that the applicant was charged with defilement contrary to Section 8(1)(4) of the Sexual Offences Act, No. 3 of 2006. This was on 9/2/2021. His surety was approved by the court on the same date and a release order was duly signed by the court on 19/5/2021. He was therefore in custody for barely 10 days.

3. In line with Section 333(2) of the Criminal Procedure Code, I order that the applicant shall serve 10 years imprisonment as ordered by the trial court. The sentence of the applicant shall run from 1/2/2023 (i.e. 10 years imprisonment less 10 days).

D.O. OGEMBOJUDGE23. 11. 2023Court:Ruling read out in Open court in the presence of the applicant andMs. Mumu for State.D.O. OGEMBOJUDGE23. 11. 2023