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JudgmentMAURICE OTIENO AMOLLO VS The Republic1 min read

MAURICE OTIENO AMOLLO VS The Republic

High Court at Siaya High Court · · R. E. Aburili

1.    The applicant is Maurice Otieno Amollo.  He was convicted of 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 29/2/2024.  He now applies that Section 333 (2) of the Criminal Procedure Code be considered being the period spent in custody.
2.    I have perused the trial court record Madiany PM’s CR. E283/2023.  The charge sheet dated 6/11/2023 shows that the applicant was arrested on 3/11/2023.  He took plea on 6/11/2023. 
3.    There is no evidence of the applicant being released on bond pending trial after the prosecution did urge the court limits the bond terms to a surety since the accused had disappeared from September 2022 to 3/11/2023, more than a year.
4.    Accordingly, I find this application dated 19/6/2024 merited as the sentencing court did not consider the period spent in custody.  I allow the application dated 19/6/2024 and order that the 3 years imprisonment shall be calculated from 3/11/2023, the date of arrest of the convict Maurice Otieno Amollo.
5.    Signal to issue.
This file is closed. 
I so order.
    MAURICE OTIENO AMOLLO VS The Republic MAURICE OTIENO AMOLLO VS The Republic