[2020] KEHC 9704 (KLR)
The court found that the trial court failed to consider the eight months the applicant spent in pre-trial detention when sentencing him to ten years imprisonment for attempted defilement. Applying Section 333(2) of the Criminal Procedure Code, the High Court held that the applicant's sentence should be reduced by...
Source-derived case information.
- Citation
- [2020] KEHC 9704 (KLR)
- Parties
- Applicant: Haron Thuku Kinyanjui; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 159 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Sentencing, Pre Trial Detention Credit, Sexual Offences, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haron Thuku Kinyanjui
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period the applicant spent in remand custody prior to conviction should be considered in computing his sentence.
Ratio Decidendi
The court found that the trial court failed to consider the eight months the applicant spent in pre-trial detention when sentencing him to ten years imprisonment for attempted defilement. Applying Section 333(2) of the Criminal Procedure Code, the High Court held that the applicant's sentence should be reduced by the period spent in remand custody. Consequently, the applicant is to serve a custodial sentence of nine years and four months with effect from 22nd July 2016.
Court Disposition
application allowed
Orders
- The applicant's sentence of ten years imprisonment is reduced by eight months to nine years and four months, effective from 22nd July 2016.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.159 OF 2019
HARON THUKU KINYANJUI......................APPLICANT
VERSUS
REPUBLIC..................................................RESPONDENT
RULING
The Applicant, Haron Thuku Kinyanjui was convicted of the offence of attempted defilement contrary to Section 9(1) as read with Section 9(2) of the Sexual Offences Act. He was sentenced to serve ten (10) years imprisonment on 22nd July 2016. The Applicant has applied to this court to have the period that he was in remand custody prior to his conviction to be taken into consideration while computing the period that he is to serve. The Applicant stated that he was in remand custody for a period of approximately eight (8) months prior to his conviction. This period was not taken into account when he was sentenced by the trial court. Ms. Kibathi for the State was not opposed to this period being taken into account by the court.
Section 333(2) of the Criminal Procedure Code requires the sentencing court to take into account the period that a convict was in pre-trial detention prior to his conviction when considering the sentence to be meted on him. In the present application, it was clear that the trial court did not take into account the period of eight (8) months that the Applicant was in pre-trial detention prior to his conviction. This court shall take that period into account as a result of which the sentence meted on the Applicant of ten (10) years imprisonment shall be reduced by a period of eight (8) months.
In the premises therefore, the Applicant’s application succeeds. He shall serve a custodial sentence of nine years and four months with effect from 22nd July 2016. It is so ordered.
DATED AT NAIROBI THIS 27TH DAY OF MAY 2020
L. KIMARU
JUDGE