[2019] KEHC 11169 (KLR)
The court found that Section 333(2) of the Criminal Procedure Code mandates consideration of time spent in remand custody when passing sentence. The Applicant had been in remand for approximately three years prior to conviction and was sentenced to four years imprisonment. The trial court indicated it had considered...
Source-derived case information.
- Citation
- [2019] KEHC 11169 (KLR)
- Parties
- Applicant: Alexander Njoroge; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 807 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Remand Custody Credit, Sentencing Principles, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Njoroge
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent by the Applicant in remand custody prior to conviction should be taken into account in computing his custodial sentence.
- 2 Whether the Applicant is entitled to immediate release based on time already served.
Ratio Decidendi
The court found that Section 333(2) of the Criminal Procedure Code mandates consideration of time spent in remand custody when passing sentence. The Applicant had been in remand for approximately three years prior to conviction and was sentenced to four years imprisonment. The trial court indicated it had considered this period, but upon review, the High Court determined that the custodial sentence should be commuted to the period already served. Consequently, the Applicant was ordered to be released immediately unless otherwise lawfully held.
Court Disposition
application allowed
Orders
- The Applicant's custodial sentence is commuted to the period already served.
- The Applicant is to be set at liberty forthwith and released from prison unless otherwise lawfully held.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.807 OF 2018
ALEXANDER NJOROGE..............................APPLICANT
VERSUS
REPUBLIC...................................................RESPONDENT
RULING
The Applicant, Alexander Njoroge was charged with the offence of robbery with violence contrary to Section 296(2) of the Penal Code in Nairobi CM’s Court Criminal Case No.48 of 2013. He pleaded not guilty to the charge. After full trial, he was acquitted of the charge of robbery with violence but was convicted of the lesser but cognate offence of handling stolen goods contrary to Section 322(1) as read with Section 322(2) of the Penal Code. The Appellant was sentenced to serve four (4) years imprisonment on 18th November 2016. The Applicant has applied to this court to have the period that he was in remand custody taken into consideration. From the proceedings of the trial court, the Applicant was in remand custody from 14th January 2013 to the time judgment was delivered on 18th November 2018. The Applicant pleads with the court to consider this period so that the custodial sentence that was imposed upon him may be reduced accordingly. Mr. Momanyi for the State was not opposed to the application.
This court has considered the Applicant’s plea. Section 333(2) of the Criminal Procedure Code requires a court sentencing a convict to take into account the period that such convict has been in remand custody prior to his conviction. In the present application, it was clear that the Applicant was in remand custody for a period of three years prior to his conviction. The trial court indicated that it had taken this period into account. However, taking into consideration the charge that the Applicant was convicted of, this court shall take into account that period so that the custodial sentence of the Applicant shall be commuted to the period served. He is ordered set at liberty forthwith and released from prison unless otherwise lawfully held. It is so ordered.
DATED AT NAIROBI THIS 21ST DAY OF FEBRUARY 2019
L. KIMARU
JUDGE