[2024] KEHC 3326 (KLR)
The court found that the applicant was entitled to have the period spent in remand custody during trial (5 years and 8 months) computed towards his sentence, as mandated by section 333(2) of the Criminal Procedure Code. Given that the applicant had already served a cumulative period of about 11 years and 2 months in...
Source-derived case information.
- Citation
- [2024] KEHC 3326 (KLR)
- Parties
- Applicant: Ansoumana Conde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 95 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Computation, Remand Custody Credit, Narcotics Trafficking, Sentence Completion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ansoumana Conde
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent by the applicant in remand custody should be computed towards his sentence as per section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant has already served the full sentence imposed by the trial court.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in remand custody during trial (5 years and 8 months) computed towards his sentence, as mandated by section 333(2) of the Criminal Procedure Code. Given that the applicant had already served a cumulative period of about 11 years and 2 months in custody, this exceeded the custodial sentence imposed in default of payment of the fine. The court concluded that the applicant had completed serving his sentence and should therefore be released unless otherwise lawfully held.
Court Disposition
application allowed
Orders
- The applicant shall forthwith be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
20 paragraphs
Conde v Republic (Criminal Revision 95 of 2024) [2024] KEHC 3326 (KLR) (4 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3326 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 95 of 2024
DR Kavedza, J
April 4, 2024
Between
Ansoumana Conde
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the file and noted that the applicant was convicted for the offence of trafficking in narcotics drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. He was consequently sentenced to pay a fine of Kshs. 15,000,000/=, and in default to serve ten (10) years imprisonment. He has so far served five (5) years, six (6) months and 20 days since the date of sentencing.
2. I have further noted that the applicant was in remand custody during the whole trial. He was arrested on 17/1/2013 and sentenced on 20/9/2018, totalling to a period of 5 years and 8 months. This period spent in remand custody ought to have been computed as per the provisions of section 333 (2) of the Criminal Procedure Code, which obligates the court to take into account the time already spent in custody if the convicted person had been in custody during the trial.
3. The applicant herein has therefore been in custody for a cumulative period of about 11 years and 2 months. This period ought to be computed and the applicant must have completed the sentence by now.
4. The applicant should forthwith be set at liberty unless otherwise lawfully held.
Orders accordingly.
RULING DELIVERED THIS DAY 4TH DAY OF APRIL 2024. ________________D. KAVEDZAJUDGE