[2020] KEHC 1903 (KLR)
The court found that section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicant was arrested on 22.11.2018 and there was no evidence he was released on bond. Therefore, the sentences of...
Source-derived case information.
- Citation
- [2020] KEHC 1903 (KLR)
- Parties
- Applicant: Daniel Mutunga Munyao; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 27 of 2020
- Procedural Posture
- Criminal Application / Ruling on Application for Sentence Revision
- Outcome
- application allowed
- Judges
- BC Koech
- Legal Topics
- Sentencing Revision, Commencement of Sentence, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Mutunga Munyao
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is entitled to have his sentence commence from the date of arrest, taking into account the period spent in custody prior to sentencing.
Ratio Decidendi
The court found that section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicant was arrested on 22.11.2018 and there was no evidence he was released on bond. Therefore, the sentences of 12 months' imprisonment on each count, to run consecutively, should commence from the date of arrest, 22.11.2018. The application for revision of sentence was merited and allowed.
Court Disposition
application allowed
Orders
- The sentences imposed against the applicant on 6.2.2020 shall commence from the date of arrest, namely 22.11.2018.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
Coram: D. K. Kemei – J
CRIMINAL APPLICATION NO. 27 OF 2020
DANIEL MUTUNGA MUNYAO...................APPLICANT
VERSUS
REPUBLIC.....................................................RESPONDENT
RULING
1. The applicant vide his application filed on 20. 2.2020 is seeking to invoke section 333(2) of the Criminal Procedure Code for revision of sentence.
2. The applicant seeks that the court make orders that the sentence meted on him run from 22. 11. 2018.
3. The application was disposed of by way of oral submissions. The applicant pointed out to court that he was arrested on 22. 11. 2018 hence his sentence ought to run from the said date. Mr. Martin Mwongera, counsel for the respondent did not opposed the application.
4. The issue for determination is whether the court may grant the order sought.
5. Section 333 (2) of the Criminal Procedure Code states:
“(2) Subject to the provisions of section 38 of the Penal Code (Cap. 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.
Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.”
6. Having had due regard to section 333 (2) of the Criminal Procedure Code I find that the request by the applicant has merit. I note that the charge sheet indicates that he was arrested on 22. 11. 2018 and there was no indication that the applicant was out on bond. Hence the computation of 12 months’ imprisonment in respect of count 1 and 12 months’ imprisonment in respect of count 2, which sentences were to run consecutively should run from 22. 11. 2018 which is the date of arrest.
7. The upshot of the foregoing observations is that the applicant’s application filed on 20. 2.2020 has merit. The same is allowed. The sentences imposed against the applicant on 6. 2.2020 shall commence from the date of arrest namely 22. 11. 2018.
It is so ordered.
Dated and delivered at Machakos this 9th day of November, 2020.
D. K. Kemei
Judge