Case ID:217407

Otieno v Republic (Miscellaneous Criminal Application E074 of 2022) [2023] KEHC 3088 (KLR) (28 March 2023) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E074 of 2022

Parties:

Otieno v Republic

Date Delivered:

28 Mar 2023

Case Class:

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Otieno v Republic (Miscellaneous Criminal Application E074 of 2022) [2023] KEHC 3088 (KLR) (28 March 2023) (Ruling)

Court Division:

Criminal

County:

Kisumu

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Otieno v Republic (Miscellaneous Criminal Application E074 of 2022) [2023] KEHC 3088 (KLR) (28 March 2023) (Ruling)

Neutral citation:

[2023] KEHC 3088 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E074 of 2022

RE Aburili, J

March 28, 2023

Between

Kevin Otieno

Applicant

and

Republic

Respondent

Ruling

1.

The convict/applicant is Kevin Otieno. He was convicted and sentenced to serve three (3) years imprisonment for the offence of stealing and handling stolen property. He is 33 years old. This was vide Tamu Principal Magistrate’s Court Criminal Case No 128 of 2021.

2.

The sentence was pronounced on October 18, 2021 and he claims he was arrested on March 16, 2021.

3.

He prays that the period of seven (7) months and two (2) days he spent in custody be considered.

4.

I have perused the lower Court’s judgment annexed and the life skills certificates obtained from prison by the convict who has undergone some transformation positively. However, in the lower court, the convict called witnesses whose evidence was impeached by the trial court as not being credible and was aimed at misleading the court to find the convict herein not culpable.

5.

That notwithstanding, I hereby allow the application and order that the three (3) years imprisonment imposed on the convict herein shall be calculated from date of his arrest and time spent in prison custody prior to his being convicted.

6.

The prison authorities to verify the period spent in custody upon arrest March 16, 2021 if he was not released on bond as judgment attached are not accompanied by proceedings and the charge sheet.

7.

I so order.

8.

File closed.

Dated, Signed and Delivered at Kisumu this 28

th

Day of March, 2023

R. E. ABURILI

JUDGE