[2022] KEHC 15423 (KLR)
The court found that the applicant was in remand custody from February 21, 2012, when he was arraigned, until May 30, 2013, when he was released on bond. Applying section 333(2) of the Criminal Procedure Code, the court held that the applicant is entitled to have the period of one year, three months, and nine days...
Source-derived case information.
- Citation
- [2022] KEHC 15423 (KLR)
- Parties
- Applicant: Sinaraha Baya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E046 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed. Sentence reduced by one year, three months, and nine days to account for pre-trial custody.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing, Pre Trial Custody, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sinaraha Baya
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in pre-trial custody deducted from his sentence under section 333(2) of the Criminal Procedure Code.
- 2 What is the correct period to be deducted from the applicant's sentence.
Ratio Decidendi
The court found that the applicant was in remand custody from February 21, 2012, when he was arraigned, until May 30, 2013, when he was released on bond. Applying section 333(2) of the Criminal Procedure Code, the court held that the applicant is entitled to have the period of one year, three months, and nine days spent in pre-trial custody deducted from his 12-year sentence for manslaughter. The court thus ordered the reduction of the sentence by the verified remand period.
Court Disposition
Application allowed. Sentence reduced by one year, three months, and nine days to account for pre-trial custody.
Orders
- The applicant's sentence of 12 years is reduced by one year, three months, and nine days to reflect the period spent in pre-trial custody.
Full Case Text
Judgment text and source record
19 paragraphs
Baya v Republic (Miscellaneous Criminal Application E046 of 2022) [2022] KEHC 15423 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15423 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E046 of 2022
A. Ong’injo, J
November 3, 2022
Between
Sinaraha Baya
Applicant
and
Republic
Respondent
Ruling
1. The applicant Sinaraha Baya sought that this court considers his pre-trial custody pursuant to section 333(2) of the Criminal Procedure Code.
2. The applicant was sentenced to serve 12 years jail term for the offence of manslaughter High Court at Mombasa CR Case No 75 of 2012. The applicant has submitted that before he was released on bond he remained in remand custody between December 12, 2012 to June 6, 2013 and he wanted that period to be factored in his sentence.
3. This court called for the proceedings of the end trial court established that the applicant was in remand custody from February 21, 2012 when he was arraigned in court until on May 30, 2013 when his release was secured on bond of Kshs 30,000/= with a surety of a similar amount.
4. The applicant is therefore entitled to benefit from section 333(2) of the Criminal Procedure Code. His sentence of 12 years should therefore be reduced by one year, 3 months and 9 days.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON LADY JUSTICE A ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMs Anyumba for stateApplicant – Present in personAccused – Present in personHon Lady Justice A Ong’injo J3/11/2022