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JudgmentROBERT OUKO MBINGA VS The Republic1 min read

ROBERT OUKO MBINGA VS The Republic

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

1.    The Applicant Robert Ouko Mbinga was convicted of the offence of robbery with violence contrary to Section 296(2) of the Penal Code vide Siaya SPM Cr Case No. E573/2021.  He was sentenced to serve 20 years imprisonment on 25/1/2024.
2.    He now applies for sentence review and reduction vide his application dated 28/3/2024.  I have considered the application and what he claims to be mitigation alleging that his children being orphaned because their uncle died and wants Section 333 (2) to be applied.
3.    I observe that on 24/5/2022, the convict herein was released on bond pending trial.  The charge sheet shows that he was arrested on 4/8/2021.
4.    The latter is the only ground upon which I can reconsider his plea, noting that Section 333 (2) of the CPC provides that the sentence shall take into account the period spent n custody prior to sentencing or being released on bond.
5.    I allow the application dated 28/3/2024 to the effect that 20 years imprisonment shall be calculated from date of arrest on 4/8/2021 as per the charge sheet n the lower court and 24/5/2022 when he was released on bond pending trial.
This file is closed.  I so order.
    ROBERT OUKO MBINGA VS The Republic ROBERT OUKO MBINGA VS The Republic