[2019] KEHC 2973 (KLR)
The court held that since the applicant's period in custody during trial was not factored into his sentence, and the State did not oppose the application, the sentence of 12 years should run from the date of arrest, 9/7/2011, in accordance with section 333(2) of the Criminal Procedure Code and the precedent set in...
Source-derived case information.
- Citation
- [2019] KEHC 2973 (KLR)
- Parties
- Applicant: Jamaal Omar Hussein; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 2 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Sentence Review
- Outcome
- Application allowed. Sentence to run from date of arrest.
- Judges
- CM Kariuki
- Legal Topics
- Sentencing, Robbery With Violence, Commencement of Sentence, Section 333 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamaal Omar Hussein
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Sentence Review
Legal Issues
- 1 Whether the applicant's sentence should commence from the date of arrest as provided under section 333 of the Criminal Procedure Code.
- 2 Whether the period spent in custody during trial should be factored into the applicant's sentence.
Ratio Decidendi
The court held that since the applicant's period in custody during trial was not factored into his sentence, and the State did not oppose the application, the sentence of 12 years should run from the date of arrest, 9/7/2011, in accordance with section 333(2) of the Criminal Procedure Code and the precedent set in Robert Mutashi Auda vs Republic. This ensures that the applicant receives credit for time already served in custody, aligning with statutory and case law requirements.
Court Disposition
Application allowed. Sentence to run from date of arrest.
Orders
- The applicant's sentence of 12 years in Garissa CMCRC No. 1359 of 2011 will run from the date of arrest, 9/7/2011, for 12 years subject to remission which prison authorities may grant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL MISC. APPLICATION NO. 2 OF 2019
JAMAAL OMAR HUSSEIN........APPLICANT
VERSUS
REPUBLIC................................RESPONDENT
FURTHER RULING
1. Pursuant to ruling of 26/9/2019, the appellant/applicant under section 333 Laws of Kenya sought his sentence to be ordered to commence from the date of arrest 9/7/2011. The State does not oppose.
2. The appellant/applicant was convicted on offence under section 296(2) PC of robbery with violence offence. His sentence was reduced to 12 years.
3. During the reduction of his sentence to 12 years, the period he was in custody during trial was not factored in as provided by section 333 of the Criminal Procedure Code (Cap. 75 Laws of Kenya) and has held in Robert Mutashi Auda vs Republic Criminal Appeal No. 247 of 2014.
4. Since the State does not oppose, the court makes the following orders:
(i) The accused’s/applicant’s sentence of 12 years in Garissa CMCRC No. 1359 of 2011 will run from date of arrest 9/7/2011 for 12 years subject to remission which prison’s authorities may grant.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 29TH DAY OF OCTOBER, 2019.
..............................
C. KARIUKI
JUDGE