Case ID:217522

Arika v Republic (Miscellaneous Criminal Application E047 of 2022) [2023] KEHC 3144 (KLR) (12 April 2023) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E047 of 2022

Parties:

Arika v Republic

Date Delivered:

12 Apr 2023

Case Class:

Court:

High Court at Kisumu

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Arika v Republic (Miscellaneous Criminal Application E047 of 2022) [2023] KEHC 3144 (KLR) (12 April 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

Arika v Republic (Miscellaneous Criminal Application E047 of 2022) [2023] KEHC 3144 (KLR) (12 April 2023) (Ruling)

Neutral citation:

[2023] KEHC 3144 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Criminal Application E047 of 2022

RE Aburili, J

April 12, 2023

Between

George Ochieng Arika

Applicant

and

Republic

Respondent

Ruling

1.

The Applicant/Convict is George Ochieng Arika. He was convicted and sentenced to serve twenty (20) years for the offence of defilement for the offence of defilement contrary to Section 8(1) as read with Section 8(3) of the

Sexual Offences Act

.

2.

He now prays that the period spent in custody be considered in line with Section 333(2) of the

Criminal Procedure Code

.

3.

I have considered the application and perused the original court file in Winam Principal Magistrate’s Court Sexual Offences Case No 10 of 2016 which is available.

4.

From the charge sheet dated August 26, 2016, the Applicant was arrested on August 21, 2016. He took plea on August 26, 2016. On September 9, 2016, the court granted him bond of Kshs 150,000/= and on October 7, 2016, the bond terms were reduced to Kshs 120,000/=. However, there is no evidence that he was released on bond during the trial.

5.

In the circumstances, I allow the application as presented. I order that the twenty (20) years imprisonment shall be calculated from date of arrest on August 21, 2016.

6.

Signal to issue.

7.

File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 12

TH

DAY OF APRIL, 2023

R. E. ABURILI

JUDGE