- The applicant was convicted by Justice Aroni on 19.3.2018 and sentenced to serve 20 years imprisonment. He was charged with the offense of murder on the 6.9.2012. In his application seeks that his sentence be computed from the time he lost his liberty and that the time he spent in custody be part of the sentence served in line with the Court of Appeal decision in Ainea A Mohammed & Another -vs- Republic 2018 eKLR where the Court stated that while applying section 333 (2) of the CPC alongside with its provisions, the sentence of imprisonment ought to run from the date of arrest.
- The Application wasn’t opposed by the Respondent.
- I have perused the court file and I note that whilst sentencing the applicant, J. Aroni didn’t state that the period spent in remand shall be taken into account. I am guided by the Court of Appeal decision is that the period spent in remand shall be taken into account whilst computing the applicant's sentence. The application is granted. Dated, Signed and Delivered at BUNGOMA this 13th day of February 2025
R.E. OUGO
JUDGE
In the presence of:
Sudi Wabanda/ Applicant
Miss Matere - Respondent
Wilkister - C/A