[2015] KEHC 7552 (KLR)

[2015] KEHC 7552 (KLR)

The High Court found that the trial court failed to consider the applicant's two years spent in remand custody before conviction, which was a relevant factor in sentencing. The offence for which the applicant was convicted was a misdemeanour with a maximum custodial sentence of two years, and the trial court had the...

Source-derived case information.

Citation
[2015] KEHC 7552 (KLR)
Parties
Applicant: David Kitsaka Mafunga; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
23 July 2015
Case Number
Criminal Revision 68 of 2015
Procedural Posture
Criminal Revision / Ruling on Sentence Revision
Outcome
sentence set aside and substituted with period served; applicant released
Judges
LK Kimaru
Legal Topics
Sentencing Principles, Remand Custody Credit, Judicial Discretion, Misdemeanour Offences
Source Language
english
Criminal Law Sentencing Principles Remand Custody Credit Judicial Discretion Misdemeanour Offences

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Parties

David Kitsaka Mafunga

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling on Sentence Revision

Legal Issues

  1. 1 Whether the trial court erred by failing to consider the applicant's two years in remand custody when sentencing.
  2. 2 Whether the sentence of twenty months imprisonment was excessive in the circumstances.

Ratio Decidendi

The High Court found that the trial court failed to consider the applicant's two years spent in remand custody before conviction, which was a relevant factor in sentencing. The offence for which the applicant was convicted was a misdemeanour with a maximum custodial sentence of two years, and the trial court had the discretion to impose a fine. The court held that, in the circumstances, the sentence of twenty months imprisonment was excessive. The High Court therefore set aside the custodial sentence and substituted it with a sentence commuted to the period already served, ordering the applicant's immediate release unless otherwise lawfully held.

Court Disposition

sentence set aside and substituted with period served; applicant released

Orders

  • The sentence of twenty months imprisonment is set aside and substituted with a sentence commuted to the period served.
  • The applicant is ordered set at liberty forthwith unless otherwise lawfully held.