[2023] KEHC 23410 (KLR)

[2023] KEHC 23410 (KLR)

The court found that the period spent in remand custody was properly considered in the applicant's resentencing, as the sentence was ordered to run from the date of arraignment. The applicant's medical conditions (hypertension, diabetes, asthma) are being managed with regular and sufficient medical attention in prison. The Probation and Prison Reports acknowledged his rehabilitation and good conduct, but there was no evidence that his health was so compromised as to require non-custodial release. The court held that the threshold for release on medical grounds was not met, and thus the application for review to a non-custodial sentence was dismissed.

Citation
[2023] KEHC 23410 (KLR)
Parties
Applicant: Charles Maina Gitonga; Respondent: Republic
Court
High Court
Court Station
High Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
12 October 2023
Case Number
Criminal Revision E093 of 2022
Procedural Posture
Criminal Revision / Judgment
Outcome
application dismissed
Judges
RM Mwongo
Legal Topics
Sentence Revision, Remand Period Credit, Non Custodial Sentence, Robbery With Violence, Mitigating Factors, Prisoner Health
Source Language
English
Criminal Law Sentence Revision Remand Period Credit Non Custodial Sentence Robbery With Violence Mitigating Factors Prisoner Health

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Parties

Charles Maina Gitonga

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to a review of his sentence to a non-custodial sentence due to ill health and rehabilitation.
  2. 2 Whether the period spent in remand custody was properly considered in the computation of the applicant's sentence.

Ratio Decidendi

The court found that the period spent in remand custody was properly considered in the applicant's resentencing, as the sentence was ordered to run from the date of arraignment. The applicant's medical conditions (hypertension, diabetes, asthma) are being managed with regular and sufficient medical attention in prison. The Probation and Prison Reports acknowledged his rehabilitation and good conduct, but there was no evidence that his health was so compromised as to require non-custodial release. The court held that the threshold for release on medical grounds was not met, and thus the application for review to a non-custodial sentence was dismissed.

Court Disposition

application dismissed

Orders

  • The application for review to a non-custodial sentence is disallowed and dismissed.