[2022] KEHC 12380 (KLR)
The court found that the applicant had already served a period in custody that exceeded the remaining portion of his sentence. Applying Section 333(2) of the Criminal Procedure Code, which mandates that time spent in custody prior to sentencing be considered, the court determined that the applicant was entitled to...
Source-derived case information.
- Citation
- [2022] KEHC 12380 (KLR)
- Parties
- Applicant: Fredrick Bwire; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E081 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- JN Kamau
- Legal Topics
- False Pretence, Sentencing, Bail Jumping, Custodial Sentence, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Bwire
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to release based on time already served in custody.
- 2 Whether Section 333(2) of the Criminal Procedure Code requires the court to consider time spent in custody when sentencing.
Ratio Decidendi
The court found that the applicant had already served a period in custody that exceeded the remaining portion of his sentence. Applying Section 333(2) of the Criminal Procedure Code, which mandates that time spent in custody prior to sentencing be considered, the court determined that the applicant was entitled to immediate release. The recommendation by the Probation Officer was noted, but the legal requirement under Section 333(2) took precedence, as the applicant had effectively completed his sentence.
Court Disposition
application allowed
Orders
- The applicant is released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Bwire v Republic (Criminal Revision E081 of 2022) [2022] KEHC 12380 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12380 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E081 of 2022
JN Kamau, J
August 1, 2022
Between
Fredrick Bwire
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of obtaining by false pretence contrary to Section 313 of the Penal Code. He was arrested on 2/6/2017 and arraigned in court on 19/6/2017 when he pleaded not guilty to the charge. He was released on bail on 07/06/2017. He jumped bail and a warrant of arrest was issued. He appeared in court on 29/10/2019 and indicated that he had been unwell. Warrants of Arrest were issued. He was remanded in custody on 24/9/2021. On 20/12/2021, he was sentenced to one (1) year imprisonment on 20/12/2021. The earliest release date according to the Prison is 20/8/2022. The Applicant spent time in custody which is more than the nineteen (19) days remaining to the conclusion of the sentence. Whereas the Report by Dennis Kiptanui Probation Officer dated 25/7/2022 recommends that the Applicant serve the remaining part of his sentence at Mundere Primary School, taking into account Section 333 (2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), the Applicant has already completed his sentence. It is hereby directed that the Applicant be and is hereby released from custody forthwith 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