[2023] KEHC 3426 (KLR)
The court held that, subject to verification by prison authorities and the trial court that the applicant was in custody from the date of arrest until sentencing, the three-year imprisonment imposed should be computed from March 16, 2021, the date of arrest. This ensures compliance with Section 333(2) of the...
Source-derived case information.
- Citation
- [2023] KEHC 3426 (KLR)
- Parties
- Applicant: Kelvin Atai; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E075 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Computation, Handling Stolen Property, Penal Code Section 322
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kelvin Atai
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation
Legal Issues
- 1 Whether the applicant's sentence should be computed from the date of arrest rather than the date of conviction.
- 2 Whether the applicant was in continuous custody from the date of arrest to sentencing.
Ratio Decidendi
The court held that, subject to verification by prison authorities and the trial court that the applicant was in custody from the date of arrest until sentencing, the three-year imprisonment imposed should be computed from March 16, 2021, the date of arrest. This ensures compliance with Section 333(2) of the Criminal Procedure Code, which mandates that time spent in custody prior to sentencing be taken into account when computing a sentence of imprisonment. The absence of an appeal and the lack of the lower court file did not preclude the court from granting the application, provided verification is completed.
Court Disposition
application allowed
Orders
- The three years imprisonment imposed on the convict shall be calculated from the date of his arrest on March 16, 2021, subject to verification by prison authorities from the trial court that the convict was in custody during that period until sentencing on October 18, 2021.
- This file is now closed.
Full Case Text
Judgment text and source record
19 paragraphs
Atai v Republic (Miscellaneous Criminal Application E075 of 2022) [2023] KEHC 3426 (KLR) (13 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3426 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E075 of 2022
RE Aburili, J
April 13, 2023
Between
Kelvin Atai
Applicant
and
Republic
Respondent
Ruling
1. The convict/applicant Kelvin Atai was convicted and sentenced to serve three (3) years imprisonment on October 18, 2021 for the offence of handling stolen property contrary to section 322(1) (2) of the Penal Code, vide Tamu Principal Magistrate’s Court in Criminal Case No. 128 f 2021.
2. He has not appealed and prays that the three (3) years imprisonment be calculated from the date of arrest on March 16, 2021. The court called for the lower court file which has not been forthcoming from July 8, 2022.
3. I hereby allow the application and order that the three (3) years imprisonment imposed on the convict shall be calculated from the date of his arrest on March 16, 2021 subject to verification by prison authorities from the trial court that the convict was in custody during that period until sentencing on October 18, 2021.
4. This file is now closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13THDAY OF APRIL, 2023R. E. ABURILIJUDGE