[2020] KEHC 17 (KLR)
The court found that both the sentencing pronouncement and the committal warrant explicitly stated that the 3-year imprisonment term imposed on the applicant was to take into account the period already spent in prison custody. There was no ambiguity or need for further clarification. The applicant's complaint that...
Source-derived case information.
- Citation
- [2020] KEHC 17 (KLR)
- Parties
- Applicant: Isiaiah Goro Maloa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2020
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Committal Warrant, Plea Bargain, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isiaiah Goro Maloa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence of 3 years imprisonment should run from the date of arrest or from the date of sentence.
- 2 Whether the period already spent in custody was properly taken into account in the sentencing.
Ratio Decidendi
The court found that both the sentencing pronouncement and the committal warrant explicitly stated that the 3-year imprisonment term imposed on the applicant was to take into account the period already spent in prison custody. There was no ambiguity or need for further clarification. The applicant's complaint that the sentence should run from the date of arrest was unfounded, as the record showed the court had already considered the time spent in custody. Therefore, the application for revision was dismissed as lacking merit.
Court Disposition
application dismissed
Orders
- The application by the applicant/convict is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. E019 OF 2020
ISIAIAH GORO MALOA.........................................APPLICANT
VERSUS
REPUBLIC.............................................................RESPONDENT
RULING
1. I have considered the Application by the convict Isaiah Goro Maloa in HCR 8/2019 where he was sentenced to serve 3 years imprisonment following a plea bargain in Murder plea of guilty. The convict claims that the 3 years imprisonment were to run from the date of arrest yet his committal warrant states that the 3 years of imprisonment are to run from the date of sentence on 28/7/2020.
2. I have perused the trial court record HCR 8 of 2019 and I find that the court’s pronouncement on sentence imposed was that the 3 years imprisonment term is to take into account the period already spend in prison custody.
3. The committal warrant also states that the applicant/convict herein is sentenced to serve 3 years imprisonment, taking into account the period already spent in prison custody.
4. That being the case, I find no reason why the convict is complaining. I find the pronouncement by this court crystal clear and not capable of any second interpretation or clarification. I dismiss the application by the applicant/convict.
5. File closed.
6. Orders accordingly.
Dated, signed and Delivered at Siaya, this 3rd Day of December, 2020
R.E. ABURILI
JUDGE