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.
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.