[2020] KEHC 7668 (KLR)
The court found that the applicant was entitled to have the period he spent in custody prior to sentencing considered in the computation of his sentence, as mandated by section 333(2) of the Criminal Procedure Code. Since the application was not opposed by the State and the law is clear on the requirement to factor...
Source-derived case information.
- Citation
- [2020] KEHC 7668 (KLR)
- Parties
- Appellant: Dominic Marandi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 92 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Computation
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Sentencing, Computation of Sentence, Pretrial Detention Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dominic Marandi
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Computation
Legal Issues
- 1 Whether the period spent in custody pending trial should be factored into the applicant's sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was entitled to have the period he spent in custody prior to sentencing considered in the computation of his sentence, as mandated by section 333(2) of the Criminal Procedure Code. Since the application was not opposed by the State and the law is clear on the requirement to factor in pre-sentence custody, the court allowed the application. The applicant's sentence of 15 years imprisonment would therefore run from the date he took plea, being 9th March 2013, ensuring compliance with statutory requirements and fairness in sentencing.
Court Disposition
application allowed
Orders
- The application dated 14.3.2019 is allowed.
- The applicant remains sentenced to 15 years imprisonment as ordered by the lower court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL REVISION NO. 92 OF 2019
(Kibera Chief Magistrate’s Court Criminal case No 834 Of 2013)
DOMINIC MARANDI....................................................APPELANT
VERSUS
REPUBLIC..................................................................RESPONDENT
RULING
I have considered the application of the applicant dated 14. 3.2019 and the response from the learned prosecutor. This application seeks that the period applicant took in custody pending hearing and determination of his case be factored in his sentence. The application is not opposed by the state.
I accordingly therefore allow this application dated 14. 3.2019 brought under section 333(2) of the Criminal Procedure Code. Applicant remains sentenced to serve 15 years imprisonment as ordered by the lower court. The said sentence to run from 9. 3.2013 the date the applicant took plea. Orders accordingly.
D. O. OGEMBO
Judge
10. 3.2020