[2023] KEHC 23940 (KLR)
The court found that the trial magistrate failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was arrested on 25th September 2019 and remained in custody until his sentencing on 10th June 2020, having been...
Source-derived case information.
- Citation
- [2023] KEHC 23940 (KLR)
- Parties
- Applicant: Fredrick Aketch Anyumba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E043 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Consider Period Spent in Custody During Sentencing
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Procedure, Period Spent in Custody, Robbery With Violence, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Aketch Anyumba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Consider Period Spent in Custody During Sentencing
Legal Issues
- 1 Whether the period spent in custody by the applicant prior to sentencing should be taken into account in computing his sentence.
- 2 Whether the trial magistrate erred by not considering the pre-sentence custodial period.
Ratio Decidendi
The court found that the trial magistrate failed to consider the period the applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The applicant was arrested on 25th September 2019 and remained in custody until his sentencing on 10th June 2020, having been unable to raise bond. The High Court invoked its powers under Section 333(2) CPC and ordered that the applicant's ten-year prison term be computed from the date of his arrest, thereby ensuring compliance with statutory sentencing requirements and upholding the applicant's rights.
Court Disposition
application allowed
Orders
- The ten-year prison term imposed on Fredrick Aketch Anyumba shall be calculated from the date of his arrest, 25th September 2019.
- The file is closed.
Full Case Text
Judgment text and source record
25 paragraphs
Anyumba v Republic (Miscellaneous Criminal Application E043 of 2023) [2023] KEHC 23940 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23940 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E043 of 2023
RE Aburili, J
October 6, 2023
Between
Fredrick Aketch Anyumba
Applicant
and
Republic
Respondent
(From the original conviction and sentence in Senior Principal Magistrate’s Court Criminal Case No 807 of 2019 at Winam)
Ruling
1. The Applicant is Fredrick Aketch Anyumba. He was convicted and sentenced to serve ten (10) years imprisonment for the offence of Robbery with violence contrary to section 296(2) of the Penal Code with vide Winam SPM Criminal Case No. 807 of 2019.
2. He never appealed. He did file HCCR Misc. Application No. E035 of 2022 seeking that this court takes into account the period he spent in custody in calculating his sentence.
3. However, he never annexed any supporting documents or proceedings for this court’s consideration and that application was dismissed with leave to reapply.
4. He has now filed a fresh application on 25th August 2023 annexing copies of proceedings and judgment in Winam SPM Criminal Case No. 807 of 2019 dated 10th June 2020 duly certified on 9th December 2022.
5. From the proceedings of the trial court, the convict was granted bond of Kshs.500,000 plus one surety of similar amount when he took plea on 26th September 2019 but he never raised the bond terms.
6. From his own defence on oath, he was arrested on 25th September 2019. Judgment was rendered on 10th June 2020 and he was sentenced on the same day.
7. As the trial magistrate never took into account the period spent into custody in sentencing the Applicant herein, I invoke Section 333(2) of the Criminal Procedure Code and order that the ten (10) year prison term shall be calculated from the date of arrest of the Convict/Applicant herein Fredrick Aketch Anyumba, which was on 25th September 2019.
8. I so order.
9. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE