(Being an Application for Sentence Review from Sentence in Ukwala in Principal Magistrate’s Court at Ukwala in Criminal Case No. 189 of 2021)
The Applicant, George Owino Juma, has moved this court by way of a Notice of Motion Application dated 21/6/2023 seeking that his sentence be revised to account for the period he spent in remand custody in accordance with the provision of Section 333 (2) of the Criminal Procedure Code. The prosecution has not made any substantive response to this application.
I have perused the sentence proceedings of the trial court of 11/5/2022. In the same proceedings, the court passed sentence on the applicant on both counts I and II. It however did not indicate when the sentence were to run. It similarly did not give account of the period the applicant had spent in remand custody. It ought to have done so in satisfaction of Section 333 (2) of the Criminal Procedure Code.
It is for this reason that I find merit in the application of the Applicant. I allow the same and revise the sentence of the Applicant. I order that the Applicant shall serve the sentences passed by the trial court.
The sentences shall however run from 6/4/2021, the date the Applicant was first arraigned in court. It is so ordered.
Dated, signed and Delivered at Siaya this 11th Day of April, 2024
D.O. OGEMBO
JUDGE
11/4/2024
Court
Ruling read in Open Court in presence of the Applicant and Mr. Baraza for State.
D.O. OGEMBO
JUDGE
11/4/2024