[2019] KEHC 12096 (KLR)
The court found that the applicant had been in custody for two years and three months prior to sentencing. Although the sentence of five years imprisonment was reasonable given the seriousness of the offence and the statutory maximum of 14 years, the court held that the period already spent in custody should be...
Source-derived case information.
- Citation
- [2019] KEHC 12096 (KLR)
- Parties
- Applicant: Frankline Biko Kisuza; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 240 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Legal Topics
- Sentencing Principles, Pretrial Custody Credit, Handling Stolen Goods
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Frankline Biko Kisuza
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.
- 2 Whether the sentence imposed was reasonable in light of the statutory maximum.
Ratio Decidendi
The court found that the applicant had been in custody for two years and three months prior to sentencing. Although the sentence of five years imprisonment was reasonable given the seriousness of the offence and the statutory maximum of 14 years, the court held that the period already spent in custody should be taken into account. Accordingly, the court ordered that the applicant's sentence should be deemed to have commenced on the date he was first remanded in custody, ensuring that the pre-sentence custodial period is credited towards his sentence.
Court Disposition
application allowed
Orders
- The applicant's sentence shall start running from 21/8/2017, the date he was first remanded in custody.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO. 240 OF 2019
FRANKLINE BIKO KISUZA..............................APPLICANT
VERSUS
REPUBLIC...................................................................RESPONDENT
RULING
1. The Applicant herein was charged with the offence of breaking into a building and committing a felony contrary to Section 306(a) of the Penal Code. The total amount of goods stolen as per the particulars of the offence was Kshs. 12 million. The property belonged to Dizaynfix Group Limited.
2. In the alternative, he was charged with handling stolen goods contrary to Section 322(2) of the Penal Code in that otherwise than in the course of stealing, dishonestly received or retained one spade, one craw bar, one wheelbarrow, 12 pieces of blue iron sheet 6 meters each, 2 pieces of red iron sheet 3 meters each, one piece of wooden frame, one infix phone charger, one white extension cable, one empty box of HD camera, one black laptop earpiece, one roll of binding wire knowing or having reason to believe them to be stolen goods.
3. He was convicted of the alternative charge and sentenced to serve five years imprisonment on 30/7/2019. In his revision application to this court, he asks the court to consider the period that he was in custody prior to the sentence, to which the Respondent did not oppose.
4. Under Section 322(2) of the Penal Code, the Applicant was liable to a punishment of up to 14 years in jail. Thus, the sentence imposed was reasonable. The offence was also serious. The trial having commenced on 21/8/2017 means that he has been in custody for two years and three months. I thus allow the application with an order that the sentence shall start running on 21/8/2017
Dated and Delivered at Nairobi This 2nd day of December, 2019.
G.W.NGENYE-MACHARIA
JUDGE.
In the presence of;
1. Applicant present in person
2. Ms. Chege for the Respondent