Wilfred Andere v Republic [2022] KEHC 1453 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISCELLANEOUS CRIMINAL APPLICATION NO. E025 OF 2022

CORAM: HON. R.E. ABURILI, J

WILFRED ANDERE....................................................APPLICANT

VERSUS

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

(Being an Application arising from conviction and sentence from Principal Magistrate’s Court at Bondo in Criminal Case No. 2 of 2017)

RULING

1.  I have considered the application by the convict Winfred Andere seeking that the court takes into account Section 333(2) of the Criminal Procedure Code so that in calculating his sentence, the period spend in prison custody during trial should be taken into account.

2.  I note that the convict appealed vide Siaya HCCRA 2/2017 which appeal was dismissed both on conviction and sentence.  During the trial, he was in custody as he was unable to raise bail which was granted to him on 18/1/2016.  He was convicted and sentenced on 22/12/2016.  The trial record charge sheet shows that he was arrested on 16/1/2016.  That period in custody was not taken into account in sentencing.

3.  Accordingly, I find the application merited.  I allow it and order that the 10 years imprisonment shall be calculated from 16/1/2016 date of arrest. I so order.

4.  File closed.

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

R.E. ABURILI

JUDGE