[2024] KEHC 2997 (KLR)
The High Court found that the trial court failed to credit the applicant with the period spent in remand custody as required by section 333(2) of the Criminal Procedure Code. The applicant was arrested on 30th April 2020, took plea on 4th May 2020, and was released on bail after surety approval on 15th May 2020. The...
Source-derived case information.
- Citation
- [2024] KEHC 2997 (KLR)
- Parties
- Applicant: Elison Mutungati Sheikh Chandi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E878 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Credit of Remand Period
- Outcome
- application allowed in part
- Judges
- K Kimondo
- Legal Topics
- Sentencing Credit, Remand Custody, Revision Jurisdiction, False Pretenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elison Mutungati Sheikh Chandi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Credit of Remand Period
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody credited against his sentence.
- 2 Whether the trial court erred by failing to consider the remand period under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The High Court found that the trial court failed to credit the applicant with the period spent in remand custody as required by section 333(2) of the Criminal Procedure Code. The applicant was arrested on 30th April 2020, took plea on 4th May 2020, and was released on bail after surety approval on 15th May 2020. The applicant was sentenced on 9th October 2023. The court held that any period spent in remand custody between arrest and sentencing, excluding days when the applicant was out on bond, must be deducted from the sentence. The court relied on statutory and appellate authority to ensure the applicant receives the benefit of time already served in custody.
Court Disposition
application allowed in part
Orders
- Any period spent in remand custody from arrest on 30th April 2020 to the date of sentence on 9th October 2023, excluding days out on bond, shall be deducted from the sentence.
- The applicant shall be immediately notified of this order.
Full Case Text
Judgment text and source record
23 paragraphs
Chandi v Republic (Criminal Revision E878 of 2023) [2024] KEHC 2997 (KLR) (Crim) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2997 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E878 of 2023
K Kimondo, J
March 15, 2024
Between
Elison Mutungati Sheikh Chandi
Applicant
and
Republic
Respondent
Ruling
1. The applicant pleaded guilty to the charge of obtaining money by false pretenses contrary to section 313 of the Penal Code. He was sentenced to imprisonment for 3 years with an option for a fine of Kshs 500,000.
2. The revision seeks grant of credit for the period spent in remand custody. The applicant also avers that his health has deteriorated in prison.
3. I called for the records of the subordinate court. Being a revision, and by dint of section 365 of the Criminal Procedure Code, no party has a right to be heard either personally or by an advocate before the High Court when exercising its powers of revision.
4. Section 333 (2) of the Code, obligates the sentencing court to take into account the period spent in remand custody. In Ahamad Abolfathi Mohammed &anotherv Republic, Court of Appeal at Nairobi, Criminal Appeal 135 of 2016 [2018] eKLR, the learned judges of the Court of Appeal called for a “more meaningful” application of that provision of the law.
5. I am now satisfied of the following set of facts: The accused was arrested on 30th April 2020 and took plea on 4th May 2020. He was later released on bail. The record shows that the surety was approved on 15th May 2020. Prior to that, he had been granted anticipatory bail by the High Court.
6. On 2nd October 2023, he changed his plea to guilty. The final plea was recorded on 9th October 2023 when he was also sentenced. The trial court did not credit him with any time spent in remand custody.
7. For all the above reasons and guided by section 333 (2) of the Criminal Procedure Code, I order that any period spent in remand custody from his arrest on 30th April 2020 to the date of his sentence on 9th October 2023 (but excluding the days when he was out on bond) shall be deducted from the sentence. The applicant shall be immediately notified of this order.It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 15TH DAY OF MARCH 2024. KANYI KIMONDOJUDGERuling read in chambers in the presence of-Mr. Edwin Ombuna, Court Assistant.