1.This is an is an appeal from the judgment and sentence of the Hon Dr Julie Oseko in lower court Criminal Case Malindi No SO 24/2017 in the chief magistrate’s court at Malindi given on December 18, 2018. I have seen that the appellant was arrested on July 14, 2017.
2.Though granted bond of Kshs 200,000/=, he appears not to have utilized the same. I have seen committal warrants showing that the appellant has been in custody since arrest on 14/7/2017.
3.In the morning today in remand were not taken into consideration pursuant to section 333(2) of the Criminal Procedure Code. The state conceded that particular aspect and asked that I rely on the record. The said Section 333 provides as follows: -
4.My understanding of this section is not that the court takes into account in reduction of sentence. The period is mathematically had regard of and that period counted in computing the period served.
7.It is established that the appellant was, according to the charge sheet arrested on 14/7/2017. He was arraigned in court on 17/7/2017. He was convicted and sensed to 10 years in prison on 18/12/2018. He was in custody the whole of that period.
8.Consequently, I find that the Appellant is entitled to have the period he was in custody taken into account.
9.I therefore direct that the sentence of 10 years meted out shall rum from the date of arrest, that is 14/7/2017.
10.The upshot of the foregoing, I make the following orders: -a.The appeal is allowed to the extent only that the sentence of 10 years given in Malindi CMC SO No 24 of 2017 is confirmed. However, the same shall run from the day of arrest, that is, July 14, 2017, pursuant to section 333(2) of the Criminal Procedure Code.b.File is closed.