1. The applicant is John Odhiambo Ogoche. He is a convict in Siaya CM Cr Case No. E252 of 2023 for the offence of stealing a motor cycle contrary to Section 278 (A) of the Penal Code. He was sentenced to serve three (3) years imprisonment on 13/10/2023. The convict was also ordered to compensate the complainant the value of the stolen motor vehicle.
2. The convict is now before this court vide an application dated 19/6/2024 seeking that the court considers Section 333 (2) of the Criminal Procedure Code, the period he spent in custody prior to sentencing.
3. I have considered the application and the grounds in support thereto.
4. I have also perused the trial court record. The applicant was arrested on 17/5/2023 according to the charge sheet dated 18/5/2023. He appeared in court on 18/5/2023 and was granted bond of Ksh200,000/= plus one surety or cash bail of Kshs 100,000/=. The value of the stolen motor cycle was ksh118,000/=. The applicant denied committing the offence and the trial did not take long.
5. There is no record of release of the applicant on bond.
6. Accordingly, I allow the application and order that the three (3) years imprisonment shall run from 17/5/2023 when he was arrested and held in custody. Signal to issue.
7. This file is closed.
8. I so order.
2. The convict is now before this court vide an application dated 19/6/2024 seeking that the court considers Section 333 (2) of the Criminal Procedure Code, the period he spent in custody prior to sentencing.
3. I have considered the application and the grounds in support thereto.
4. I have also perused the trial court record. The applicant was arrested on 17/5/2023 according to the charge sheet dated 18/5/2023. He appeared in court on 18/5/2023 and was granted bond of Ksh200,000/= plus one surety or cash bail of Kshs 100,000/=. The value of the stolen motor cycle was ksh118,000/=. The applicant denied committing the offence and the trial did not take long.
5. There is no record of release of the applicant on bond.
6. Accordingly, I allow the application and order that the three (3) years imprisonment shall run from 17/5/2023 when he was arrested and held in custody. Signal to issue.
7. This file is closed.
8. I so order.