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.
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.