[2022] KEHC 15424 (KLR)
The court found that the applicant was not released on bond during the trial and therefore was entitled to have the period spent in pre-trial custody considered in the computation of his sentence. Applying section 333(2) of the Criminal Procedure Code, the court ordered that the applicant's ten-year sentence should...
Source-derived case information.
- Citation
- [2022] KEHC 15424 (KLR)
- Parties
- Applicant: Ng’ang’a Daniel; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Petition 83 of 2021
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing, Pre Trial Custody, Sexual Offences, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ng’ang’a Daniel
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the period spent in pre-trial custody should be considered in computing the applicant's sentence.
- 2 Whether the applicant is entitled to the benefit of section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was not released on bond during the trial and therefore was entitled to have the period spent in pre-trial custody considered in the computation of his sentence. Applying section 333(2) of the Criminal Procedure Code, the court ordered that the applicant's ten-year sentence should run from October 30, 2017, the date he was first placed in custody, rather than from the date of conviction. This ensures that the applicant receives the full benefit of the law regarding pre-trial detention and sentencing.
Court Disposition
petition allowed
Orders
- The applicant's ten-year sentence shall take effect from October 30, 2017.
- The benefit of section 333(2) of the Criminal Procedure Code is accorded to the applicant.
Full Case Text
Judgment text and source record
20 paragraphs
Daniel v Director of Public Prosecutions (Petition 83 of 2021) [2022] KEHC 15424 (KLR) (3 November 2022) (Judgment)
Neutral citation: [2022] KEHC 15424 (KLR)
Republic of Kenya
In the High Court at Mombasa
Petition 83 of 2021
A. Ong’injo, J
November 3, 2022
Between
Ng’ang’a Daniel
Petitioner
and
Director of Public Prosecutions
Respondent
Judgment
1. Nganga Daniel petitioned this court to consider his pre-trial custody in his sentence.
2. The petitioner was charged with offence of rape contrary to section 3(1)(a) & (b) as read with section 3(3) of the Sexual Offences Act No 3 of 2006.
3. The petitioner was convicted & sentenced to serve 22 years imprisonment on May 9, 2019but an appeal in CR A No of 59 of 2019 the Judge substitute 22 years sentence with 10 years imprisonment.
4. I have perused the trial court file & established that the petitioner was not released on bond during the period he was on trial. This court therefore finds that the applicant is entitled to the benefit of section 333(2) of the Criminal Procedure Code.
5. The ten years’ sentence should take effect from October 30, 2017. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMr. Ngiri for statePetitioner – present in personHon. Lady Justice A. Ong’injo J03/11/2022