[2022] KEHC 11838 (KLR)
The court found that the trial magistrate had explicitly considered the two years the applicant spent in remand custody by reducing the statutory minimum sentence of 10 years to 8 years. The sentence was therefore lawful and proper, and the applicant's request for further reduction lacked merit. The application was...
Source-derived case information.
- Citation
- [2022] KEHC 11838 (KLR)
- Parties
- Applicant: CKW; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E095 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application dismissed
- Judges
- GWN Macharia
- Legal Topics
- Sentencing, Remand Custody, Sexual Offences, Minimum Mandatory Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
CKW
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the period spent in remand custody should be considered as part of the applicant's sentence.
- 2 Whether the trial magistrate properly took into account the remand period when passing sentence.
Ratio Decidendi
The court found that the trial magistrate had explicitly considered the two years the applicant spent in remand custody by reducing the statutory minimum sentence of 10 years to 8 years. The sentence was therefore lawful and proper, and the applicant's request for further reduction lacked merit. The application was dismissed as the remand period had already been factored into the sentence imposed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
CKW v Republic (Miscellaneous Criminal Application E095 of 2021) [2022] KEHC 11838 (KLR) (31 March 2022) (Ruling)
Neutral citation: [2022] KEHC 11838 (KLR)
Republic of Kenya
In the High Court at Naivasha
Miscellaneous Criminal Application E095 of 2021
GWN Macharia, J
March 31, 2022
Between
CKW
Applicant
and
Republic
Respondent
Ruling
1. The applicant, by chamber summons, filed in court on April 13, 2021 prays that the period be remaimed in remand custody be taken into account to constitute part of the sentence.
2. He was charged at Engineer Law Courts with Criminal Case No 55 of 2018 with attempted incest contrary to section 20 (2) of the Sexual Offences Act No 3 of 2006. The particulars of the offence were that on the September 28, 2018 at around 2200 hours in Kipipiri Sub-county within Nyandarua County, being a male person, he attempted to cause his penis to penetrate the vagina of BW who was to his knowledge his daughter aged 12 years.
3. The applicant was found guilty accordingly and on September 16, 2020 sentenced to serve 8 years’ imprisonment. In passing the sentence the learned trial magistrate indicated that he had taken into account the 2 years’ period the applicant had been in remand. section 20 (2) of the Sexual Offences Act provides that a person found guilty therein is liable to a minimum mandatory sentence of 10 years. Thus, the learned trial magistrate having reduced this sentence with 2 years means that he had taken into account the two years period the applicant was in remand custody. That was put in explicit terms in the sentence.
4. Accordingly, this is an application without merit and the same is hereby dismissed.
DATED AND DELIVERED THIS 31STDAY OF MARCH, 2022. .............................................G. W. NGENYE-MACHARIAJUDGEIn the presence of: -Applicant in personMs. Maingi for the Respondent.