[2022] KEHC 10961 (KLR)
The court found that the applicant had already served the substantial part of his sentence, taking into account the period spent in custody prior to conviction as required by Section 333(2) of the Criminal Procedure Code. The remaining period of the sentence was only four months, and the court determined that it was...
Source-derived case information.
- Citation
- [2022] KEHC 10961 (KLR)
- Parties
- Applicant: Moses Mutei Barasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E079 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- JN Kamau
- Legal Topics
- Robbery With Violence, Sentencing, Time Served Credit, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mutei Barasa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to conviction considered in the computation of his sentence.
- 2 Whether the applicant should be subjected to a community service order as recommended by the probation report.
Ratio Decidendi
The court found that the applicant had already served the substantial part of his sentence, taking into account the period spent in custody prior to conviction as required by Section 333(2) of the Criminal Procedure Code. The remaining period of the sentence was only four months, and the court determined that it was not suitable to subject the applicant to a community service order as recommended by the probation report. Consequently, the court ordered the applicant's immediate release from custody unless held for any other lawful cause.
Court Disposition
application allowed
Orders
- The applicant is hereby released from custody unless held for any other lawful cause.
Full Case Text
Judgment text and source record
17 paragraphs
Barasa v Republic (Criminal Revision E079 of 2022) [2022] KEHC 10961 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10961 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E079 of 2022
JN Kamau, J
August 1, 2022
(ORIGINALLY CR CASE NO 261 OF 2013)
Between
Moses Mutei Barasa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of robbery with violence contrary to Section 295 as read with Section 296 (2) of the Penal Code Cap 63 (Laws of Kenya). He had also been charged with an alternative charge of handling property contrary to Section 322 (2) of the Penal Code. He was convicted on the alternative charge on 1/8/2013 and sentenced to fourteen (14) years without option of a fine on the same date. He were arrested on 27/2/2013 and admitted to bail on 27/2/2013. His early release date as per Prisons is 2/12/2022. He does not appear to have been released on bail and was in custody for six (6) months from the date of his arrest to the date of conviction. In line with Section 333 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), he has already completed his sentence as the remaining period of his sentence is four (4) months. I do not therefore find him suitable to be subjected to community service order as was recommended in the Report of Fredrick Otieno Probation/Community service order filed on 29/7/2022 and direct that the Applicant be and is hereby released from custody unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE