[2019] KEHC 2253 (KLR)
The court found that there was no opposition from the State to the applicant's request. The court exercised its discretion to order that the applicant's sentence be computed from the date of arrest, 11/3/2014, in accordance with the law. The court further directed the prisons authority to consider whether the...
Source-derived case information.
- Citation
- [2019] KEHC 2253 (KLR)
- Parties
- Applicant: Ahmed Islam Dur; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 17 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application allowed in part
- Judges
- CM Kariuki
- Legal Topics
- Sentencing Computation, Remission of Sentence, Commencement of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Islam Dur
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have his sentence computed from the date of arrest.
- 2 Whether the applicant is eligible for remission of sentence.
Ratio Decidendi
The court found that there was no opposition from the State to the applicant's request. The court exercised its discretion to order that the applicant's sentence be computed from the date of arrest, 11/3/2014, in accordance with the law. The court further directed the prisons authority to consider whether the applicant meets the statutory threshold for remission and to act accordingly. The decision was based on the applicable statutory provisions and the absence of objection from the prosecution.
Court Disposition
application allowed in part
Orders
- The sentence to the accused person will be computed from 11/3/2014.
- The prisons authority shall consider whether he has met the threshold of grant of the remission and act according to the law.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL MISC. APPLICATION NO. 17 OF 2019
AHMED ISLAM DUR...........................................................APPLICANT
VERSUS
REPUBLIC.........................................................................RESPONDENT
RULING
1. The appellant was charged with 3 counts; one of possession of ammunition 494 rounds, two preparation to commit a felony and three residing outside designated area without permission from authority.
2. All these offences being committed on 11/3/2014 at Jambele market Fafi Sub-County, Garissa County.
3. He was convicted and sentenced in respect of count one and three and whereof he is serving 3 and 10 years respectively.
4. He appealed to High Court sitting at Garissa vide HCCRA No. 110 of 2014 but same was dismissed after he was heard.
5. He now approaches this court for order that he be awarded remission and also his sentence to commence from the date of arrest 11/3/2014.
6. The State does not oppose the application. Thus court makes the following orders:-
(1) The sentence to the accused person will be computed from 11/3/2014.
(2) The prisons authority shall consider whether he has met the threshold of grant of the remission and act according to the law.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 18TH DAY OF NOVEMBER, 2019.
.......................
C. KARIUKI
JUDGE