[2021] KEHC 6452 (KLR)
The court found that, although a general request for further reduction of a sentence already substituted on resentencing would be an abuse of process, the petitioner specifically invoked Section 333(2) of the Criminal Procedure Code. This provision mandates that the period spent in custody prior to sentencing must...
Source-derived case information.
- Citation
- [2021] KEHC 6452 (KLR)
- Parties
- Applicant: Enock Okoth Koi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E012 of 2021
- Procedural Posture
- Criminal Petition / Ruling on Sentence Reduction Application
- Outcome
- Application allowed in part; sentence reduced by six years to account for pre-trial custody.
- Legal Topics
- Sentencing Reduction, Pre Trial Custody Credit, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enock Okoth Koi
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Sentence Reduction Application
Legal Issues
- 1 Whether the period spent in pre-trial custody should be deducted from the petitioner's sentence as per Section 333(2) of the Criminal Procedure Code.
- 2 Whether the application for further reduction of sentence constitutes an abuse of court process.
Ratio Decidendi
The court found that, although a general request for further reduction of a sentence already substituted on resentencing would be an abuse of process, the petitioner specifically invoked Section 333(2) of the Criminal Procedure Code. This provision mandates that the period spent in custody prior to sentencing must be considered in the computation of the sentence. The record confirmed that the petitioner was in custody for six years during trial. Therefore, the court was obliged to deduct those six years from the 30-year imprisonment term previously imposed. The application was thus allowed to the extent of discounting the sentence by the period spent in pre-trial custody.
Court Disposition
Application allowed in part; sentence reduced by six years to account for pre-trial custody.
Orders
- The 30-year imprisonment sentence is reduced by six years to reflect the period spent in custody during trial.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CRIMINAL PETITION NO. E012 OF 2021
ENOCK OKOTH KOI...............................................................PETITIONER
-VERSUS-
REPUBLIC................................................................................RESPONDENT
RULING
The Petitioner, ENOCK OKOTH KOIhas informed the court that he had already canvassed an earlier Petition, which resulted in the substitution of the death sentence with imprisonment for 30 Years.
1. The current application sought the reduction of the 30 years imprisonment, so that the Petitioner could be reintegrated back to the society.
2. Ms M. Odumba described the Petition as constituting an abuse of the process of the court.
3. I have given careful consideration to the application, and noted that the only request being made by the Petitioner was that this court should take into account the period when he was held in custody, whilst he was still on trial.
4. Pursuant to Section 333 (2)of the Criminal Procedure Code;
“Subject to the provisions of Section 38 of the Penal Code 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.”
5. In my considered view, if the Petitioner simply sought a reduction of the sentence that had been handed down during re-sentencing, that would have been an abuse of the process of the Court.
6. Strictly speaking, the Petitioner had invoked the provisions of Section 333 (2) of the Criminal Procedure Code, pursuant to which the court is enjoined to take into account the period when the person sentenced had spent in custody, when he was still on trial.
7. I have verified from the record of the proceedings that the Petitioner was in custody during the entire duration of the trial.
8. Accordingly, pursuant to Section 333 (2)of the Criminal Procedure CodeI find that this Court is obliged to take into account the six (6) years which the Petitioner had spent in custody whilst he was still on trial.
9. In the result the 30 Years imprisonment will now be discounted by six (6) years.
10. It is so ordered.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF MAY 2021
FRED A. OCHIENG
JUDGE