[2023] KEHC 3594 (KLR)
The court found that the applicant was in custody from December 3, 2017 to March 21, 2022, and that the trial court failed to consider this period when passing sentence. The High Court held that it is a legal requirement under Section 333(2) of the Criminal Procedure Code that the period spent in custody must be...
Source-derived case information.
- Citation
- [2023] KEHC 3594 (KLR)
- Parties
- Applicant: Francis Agwero Agwero; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E196 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Procedure, Custodial Period Credit, Revision of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Agwero Agwero
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court erred by failing to consider the period the applicant spent in custody when passing sentence.
- 2 Whether the sentence should be revised to account for the custodial period already served.
Ratio Decidendi
The court found that the applicant was in custody from December 3, 2017 to March 21, 2022, and that the trial court failed to consider this period when passing sentence. The High Court held that it is a legal requirement under Section 333(2) of the Criminal Procedure Code that the period spent in custody must be taken into account. Accordingly, the court allowed the application for revision and directed that the applicant's sentence be computed as commencing from December 13, 2017, thereby ensuring compliance with the law and preventing an unjust extension of the applicant's incarceration.
Court Disposition
application allowed
Orders
- The applicant's sentence shall be computed to take effect from December 13, 2017.
Full Case Text
Judgment text and source record
17 paragraphs
Agwero v Republic (Criminal Revision E196 of 2023) [2023] KEHC 3594 (KLR) (Crim) (18 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3594 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E196 of 2023
DR Kavedza, J
April 18, 2023
Between
Francis Agwero Agwero
Applicant
and
Republic
Respondent
Ruling
1. The applicant vide his application dated March 16, 2023 has sought revision of the sentence on the grounds that the trial court failed to consider the period he spent in custody during sentencing. I have perused the court record and confirm that indeed the applicant was in custody from the date of arrest December 3, 2017 to the date of sentence on March 21, 2022. It is not trite law that the period an accused person spends in custody must be considered during the sentence. I accordingly allow the application and direct that the sentence should be computed to take with effect from December 13, 2017.
RULING, READ AND DELIVERED ON 18TH DAY OF APRIL, 2023. ..........................D. KAVEDZAJUDGE