[2019] KEHC 2550 (KLR)
The court held that under section 333 of the Criminal Procedure Code, the applicant is entitled to have the period spent in custody from 25/7/2011 to 11/12/2012 credited to his sentence. The court further held that the issue of remission is within the purview of the prisons authority, and the applicant must petition...
Source-derived case information.
- Citation
- [2019] KEHC 2550 (KLR)
- Parties
- Applicant: John Mutio Mwanzi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application 13 of 2019
- Procedural Posture
- Criminal Miscellaneous Application / Ruling
- Outcome
- application partly allowed
- Judges
- CM Kariuki
- Legal Topics
- Sentencing Credit, Remission of Sentence, Pretrial Custody, Prisoners Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mutio Mwanzi
Applicant
Republic
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody before conviction credited to his sentence.
- 2 Whether the applicant is entitled to remission of sentence.
Ratio Decidendi
The court held that under section 333 of the Criminal Procedure Code, the applicant is entitled to have the period spent in custody from 25/7/2011 to 11/12/2012 credited to his sentence. The court further held that the issue of remission is within the purview of the prisons authority, and the applicant must petition that authority for remission. If dissatisfied with the decision of the prisons authority, the applicant may challenge it in the High Court. The court thus ordered that the applicant's sentence be computed from the date of first appearance in court and directed the prisons authority to consider remission in accordance with the law.
Court Disposition
application partly allowed
Orders
- The sentence in Criminal Case No. 142 of 2011 will be computed from the date of first appearance in court, 25/7/2011.
- The prisons authority will consider whether the applicant has met the threshold for awarding remission as provided by law.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL MISC. APPLICATION NO. 13 OF 2019
JOHN MUTIO MWANZI.........................................................APPLICANT
VERSUS
REPUBLIC..............................................................................RESPONDENT
RULING
1. The applicant was charged with offence of robber contrary to section 296(1) of the Penal Code. Particulars being that on 20/7/2011 at Konyu Sub-Location, Kitui County robbed Gibson Munywoki his land allotment letters and at the same time used personal violence. He was convicted and sentenced to serve 10 years imprisonment.
2. He appealed in the High Court at Garissa vide HCCRA No. 11 of 2012 which was dismissed after it was heard.
3. He now moves court for court to direct that the period he was in custody to be credited to his sentence and also he be awarded remission.
4. The State does not oppose application. The court finds that under section 333 of Criminal Procedure Code the applicant was entitled to be awarded benefit of the period he was in custody from 25/7/2011 when he appeared in court to date of conviction 11/12/2012.
5. As for remission, the applicant can only petition the prisons relevant authority to award him remission and if they decline challenge same decision in the High Court.
6. Thus court makes the following orders:-
i. The sentence in Criminal Case No. 142 of 2011 will be computed from date of appearance in court for the first time 25/7/2011.
ii. The prisons authority will consider whether applicant has met the threshold for awarding the remission as provided by the law.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 7TH DAY OF NOVEMBER, 2019.
.......................
C. KARIUKI
JUDGE