[2020] KEHC 5696 (KLR)
The High Court found that the trial court had expressly considered the period the applicant was in custody prior to sentencing, as evidenced by the sentencing remarks referencing leniency due to time spent in custody. Since the applicant had already benefited from this consideration, and the sentence imposed was...
Source-derived case information.
- Citation
- [2020] KEHC 5696 (KLR)
- Parties
- Applicant: Francis Nginyo Ng'ang'a; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 89 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling on Application for Consideration of Pre Sentence Custody Period
- Outcome
- application dismissed
- Judges
- CM Kariuki
- Legal Topics
- Sentencing, Pre Sentence Custody, Terrorism Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Nginyo Ng'ang'a
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application for Consideration of Pre Sentence Custody Period
Legal Issues
- 1 Whether the period the applicant spent in custody prior to sentencing should be considered in reduction of his sentence.
- 2 Whether the trial court already took into account the pre-sentence custody period during sentencing.
Ratio Decidendi
The High Court found that the trial court had expressly considered the period the applicant was in custody prior to sentencing, as evidenced by the sentencing remarks referencing leniency due to time spent in custody. Since the applicant had already benefited from this consideration, and the sentence imposed was already lenient, there was no legal basis to further reduce the sentence. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for reduction of sentence by the pre-sentence custody period is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL MISC. APPLICATION NO. 89 OF 2019
FRANCIS NGINYO NG’ANG’A....................APPLICANT
VERSUS
REPUBLIC....................................................RESPONDENT
RULING
1. The applicant was charged, convicted and sentenced to 5 years imprisonment for offence of being a member of terrorist group contrary to section 24 of the Prevention of Terrorism Act of 2012.
2. He lodged Criminal Appeal No. 37 of 2017 which he withdrew on 23/7/2019.
3. He has now moved court via an application for court to consider the period he was in custody i.e. from 20/3/2015 to 22/6/2017 (2 years 3 months).
4. He says that he does not challenge the conviction and sentence by the trial court but wishes his sentence to be reduced by the period he was in custody prior to sentence.
5. The court notes that during sentencing on 22/6/2017 the trial court stated, “Considering the circumstances of the offence and the period the accused has stayed in custody….. it would exercise utmost leniency…..” and sentenced him to 5 years. The applicant abandoned the appeal.
6. The trial court considered the period applicant was in custody, thus sentenced him to a very lenient term.
7. This court finds no merit in the application and same is dismissed.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 27TH DAY OF MAY, 2020.
........................
C. KARIUKI
JUDGE