1. MOSES OCHIENG OKUMU, ‘the applicant’, was charged with the offence of handling stolen goods contrary to section 322(2) of the Penal Code. He was tried convicted and sentenced to 5 years imprisonment on 26/2/2024.
2. By a Motion on Notice dated 16/5/2025, the applicant applied that the Court does consider section 333(2) of the Criminal Procedure Code. That the period that he was in custody be taken into consideration.
3. I have considered the matter. I have seen the Committal Warrant dated 26/2/2024. The same indicates that: -
“Accused to serve 5 years in jail. Sentences to start running from the time he was placed in custody 22/8/2022.”
4. In view of the foregoing, I allow the application and direct that the Prisons do compute the 5 years’ period from 22/8/2022.
It is so ordered.
2. By a Motion on Notice dated 16/5/2025, the applicant applied that the Court does consider section 333(2) of the Criminal Procedure Code. That the period that he was in custody be taken into consideration.
3. I have considered the matter. I have seen the Committal Warrant dated 26/2/2024. The same indicates that: -
“Accused to serve 5 years in jail. Sentences to start running from the time he was placed in custody 22/8/2022.”
4. In view of the foregoing, I allow the application and direct that the Prisons do compute the 5 years’ period from 22/8/2022.
It is so ordered.