[2023] KEHC 3379 (KLR)
The court found that the trial court failed to consider the period the applicant spent in custody before sentencing, which is a mandatory requirement under the law and sentencing guidelines. As a result, the sentence must be recomputed to run from the date the applicant was first taken into custody, ensuring that...
Source-derived case information.
- Citation
- [2023] KEHC 3379 (KLR)
- Parties
- Applicant: Chol Panom Bol; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E197 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Guidelines, Pre Sentence Custody, Sentence Recalculation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chol Panom Bol
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court erred by failing to consider the period the applicant spent in custody before sentencing.
- 2 Whether the sentence should be recomputed to account for pre-sentence custody.
Ratio Decidendi
The court found that the trial court failed to consider the period the applicant spent in custody before sentencing, which is a mandatory requirement under the law and sentencing guidelines. As a result, the sentence must be recomputed to run from the date the applicant was first taken into custody, ensuring that the applicant receives credit for time already served. The court held that this omission constituted an error warranting revision of the sentence to comply with legal standards.
Court Disposition
application allowed
Orders
- The sentence of the applicant shall be recomputed to run with effect from November 24, 2019.
Full Case Text
Judgment text and source record
20 paragraphs
Bol v Republic (Criminal Revision E197 of 2023) [2023] KEHC 3379 (KLR) (Crim) (19 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3379 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E197 of 2023
DR Kavedza, J
April 19, 2023
Between
Chol Panom Bol
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the Chamber Summons application and supporting affidavit of the applicant.
2. I have also gone through the proceedings and note that the plea was taken on November 26, 2019. The applicant was arrested on November 24, 2019 and sentence was passed on October 21, 2021.
3. The trial court did not however, taken into consideration the period spent in custody. It is trite law as well as the sentencing guidelines that the period spent in custody must be considered. I therefore find the application merited and order that the sentence of the applicant shall be re computed to run with effect from November 24, 2019
4. Orders accordingly.
RULING, READ AND DELIVERED ON 19TH DAY OF APRIL, 2023. .......................................D. KAVEDZAJUDGE