[2022] KEHC 426 (KLR)
The court found that the trial court erred by failing to consider the period the applicant spent in remand custody when passing sentence, despite the applicant raising the issue in mitigation. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken...
Source-derived case information.
- Citation
- [2022] KEHC 426 (KLR)
- Parties
- Applicant: Hesbon Mochiemo Anuri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E030 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Sentence Revision
- Outcome
- application allowed; sentence revised
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Remand Custody Credit, Sexual Offences, Attempted Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hesbon Mochiemo Anuri
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody deducted from his sentence.
- 2 Whether the trial court erred by failing to consider the applicant's remand period during sentencing.
Ratio Decidendi
The court found that the trial court erred by failing to consider the period the applicant spent in remand custody when passing sentence, despite the applicant raising the issue in mitigation. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody prior to sentencing must be taken into account. The High Court therefore revised the sentence to ensure compliance with the law, ordering that the applicant's 10-year imprisonment term be reduced by the period of 1 year and 7 months spent in remand custody. This ensures the applicant is not prejudiced by the oversight of the trial court and upholds the statutory requirement for fair sentencing.
Court Disposition
application allowed; sentence revised
Orders
- The applicant's sentence is revised to 10 years imprisonment less 1 year and 7 months spent in remand custody.
- The revised sentence is to take effect from July 6, 2020.
Full Case Text
Judgment text and source record
19 paragraphs
Anuri v Republic (Criminal Revision E030 of 2020) [2022] KEHC 426 (KLR) (Crim) (24 May 2022) (Ruling)
Neutral citation: [2022] KEHC 426 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal Revision E030 of 2020
DO Ogembo, J
May 24, 2022
Between
Hesbon Mochiemo Anuri
Applicant
and
Republic
Respondent
Ruling
1. The applicant, Hesbon Mochemo Aroni,files a Notice of Motion application herein on September 21, 2020. The said application seeks revision of the sentence of the applicant to account for a period of 2 years and 4 months that the applicant remained in remand custody awaiting the determination of his case. The prosecution side chose to let the court decide on the matter.
2. I have considered the application of the applicant. I have also carefully considered the proceedings before the lower court. The record show that the applicant was first arraigned in court on March 6, 2018 with a main charge of attempted defilement contrary to section 9(1)(2) of the Sexual Offences Act, No. 3 of 2006.
3. The record also shows that in his mitigation of June 16, 2020, the applicant raised the issue that he had been in custody for 2½ years. and in the sentencing proceedings of July 6, 2020, the court noted the mitigation of the applicant raised the issue that he had been in custody for 2½ years. and in the sentencing proceedings of July 6, 2020, the court noted the mitigation of the applicant. The court went on to sentence the applicant to serve 10 years imprisonment. The court however, did not consider the 1 year 7 months that he had been in custody (this according to the sentence proceedings). It ought to have done so.
4. It is for this reason that I find merit in the application of the applicant filed herein on September 21, 2020. I accordingly revise the sentence of the applicant. The applicant shall serve an imprisonment terms of 10 years less a period of 1 year, 7 months that he remained in remand custody. The sentence on July 6, 2020. Orders accordingly.
HON. DO. O. OGEMBOJUDGE24. 5.2022Court:Ruling read out in open court (on-line in presence of the applicant (Kamiti medium) and Mr. Kiragu for the state.HON. DO. O. OGEMBOJUDGE24. 5.2022