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|Case Number:||Petition 18 of 2019|
|Parties:||Stephen Odhiambo Ndere v Republic|
|Date Delivered:||26 Nov 2020|
|Court:||High Court at Homabay|
|Judge(s):||Joseph Raphael Karanja|
|Citation:||Stephen Odhiambo Ndere v Republic  eKLR|
|Case Outcome:||Application allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT HOMA BAY
PETITION NO.18 OF 2019
STEPHEN ODHIAMBO NDERE...PETITIONER
1. The Notice of motion filed herein on 12th November, 2019, by the applicant, Stephen Odhiambo Ndere, seeks an order that the nine(9) months already spent by him in remand custody be taken in consideration as he was never released on bond during the trial before the Magistrate’s court at Homa-Bay for the offences of attempted rape, contrary to Section 4 of the Sexual Offences Act and assault causing actual bodily harm contrary to Section 251 of the Penal Code for which he was sentenced to twenty five(25) years imprisonment for the first count and four (4) years imprisonment for the second count. The sentences were to run concurrently from 29th September, 2015.
2. Being dissatisfied with the conviction and sentence, the applicant filed an appeal before this court and on the 4th April 2016 his conviction by the trial court was affirmed, but the sentence of twenty five (25) years imprisonment on the first count (i.e attempted rape) was set aside and substituted for a sentence of either ten (10) or eight(8) years imprisonment. There could be a typographical error or something as paragraph  of the judgment of the High Court on appeal indicated ten (10) years while paragraph  indicates eight (8) years. Whatever the case, the state/respondent did not oppose the application and this court having given it due consideration finds it meritable.
Consequently, the application is allowed to the extent that the sentence imposed by this court on appeal be and is hereby reduced by nine(9) months being the period the applicant was in remand custody awaiting trial and conclusion of the case by the Magistrate’s Court.
(Delivered and signed this 26th day of November, 2020 )
JUDGE OF THE HIGH COURT