[2023] KEHC 26599 (KLR)
The court found that there was no evidence in the trial court file to show that the applicant was on bond during the trial. Therefore, the sentence should take effect from the date the applicant was first arraigned in court, being 21st July 2021. The court held that the period spent in custody prior to sentencing...
Source-derived case information.
- Citation
- [2023] KEHC 26599 (KLR)
- Parties
- Applicant: Moses Kibet Barasa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E060 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application allowed. Sentence to run from 21st July 2021, factoring in time spent in custody.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing, Personation Offences, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kibet Barasa
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be reduced to account for the period spent in custody during trial.
- 2 Whether there is evidence that the applicant was on bond during the trial period.
Ratio Decidendi
The court found that there was no evidence in the trial court file to show that the applicant was on bond during the trial. Therefore, the sentence should take effect from the date the applicant was first arraigned in court, being 21st July 2021. The court held that the period spent in custody prior to sentencing must be credited towards the applicant's sentence, in accordance with Section 333(2) of the Criminal Procedure Code. This ensures that the applicant is not subjected to double punishment for the same offence and upholds the principle of fairness in sentencing.
Court Disposition
Application allowed. Sentence to run from 21st July 2021, factoring in time spent in custody.
Orders
- The applicant's sentence shall take effect from 21st July 2021, the date of arraignment.
- The period of one year and five months spent in custody during trial shall be credited towards the applicant's sentence.
Full Case Text
Judgment text and source record
19 paragraphs
Barasa v Republic (Miscellaneous Criminal Application E060 of 2023) [2023] KEHC 26599 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26599 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E060 of 2023
A. Ong’injo, J
December 1, 2023
Between
Moses Kibet Barasa
Applicant
and
Republic
Respondent
Ruling
1. Edward Kibet Barasa was charged and convicted with the offence of personating a police officer contrary to section 101(1)(b) of the National Police Service Act No. 11(A) of 2011.
2. He was found guilty on 23. 11. 2022 and sentenced to serve 2 years imprisonment in Count I and 1 year in Count II to run concurrently on 25. 11. 2022.
3. The appellant said that the sentence did not factor in period spent in custody during trial. He prayed that a period of one year and 5 months be factored in the sentence.
4. There is no evidence in the trial court file that the applicant was on bond during trial and therefore his sentence should take effect from 21st July 2021 when he was arraigned in court.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS THIS 1ST DAY OF DECEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE