[2021] KEHC 8429 (KLR)
The High Court found that the trial court erred by failing to consider the period the applicant was held in custody prior to sentencing. The law requires that such period be deducted from the total sentence imposed. The court therefore ordered that the applicant's sentence be recalculated to account for the time...
Source-derived case information.
- Citation
- [2021] KEHC 8429 (KLR)
- Parties
- Applicant: Joyce Mwende; Respondent: Director of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 132 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Revision of Sentence
- Outcome
- sentence revised to account for pre-sentence custody
- Judges
- MM Kasango
- Legal Topics
- Sentencing, Custodial Sentence Calculation, Pre Sentence Custody, Sentence Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Mwende
Applicant
Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision of Sentence
Legal Issues
- 1 Whether the period the applicant was held in custody prior to sentencing should be considered in the computation of her sentence.
Ratio Decidendi
The High Court found that the trial court erred by failing to consider the period the applicant was held in custody prior to sentencing. The law requires that such period be deducted from the total sentence imposed. The court therefore ordered that the applicant's sentence be recalculated to account for the time spent in custody from 27th May 2016 to 12th June 2019, ensuring compliance with statutory requirements and fair administration of justice.
Court Disposition
sentence revised to account for pre-sentence custody
Orders
- The sentence of Joyce Mwende shall be calculated to take into account the period she was held in custody from 27th May 2016 to 12th June 2019.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CRIMINAL REVISION NO. 132 OF 2019
FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL
CASE NO 4154 OF 2016 OF THE CHIEF MAGISTRATE’S COURT AT THIKA
JOYCE MWENDE.....................................................................................................APPLICANT
VERSUS
DPP............................................................................................................................RESPONDENT
(Being Revision of the sentence of Joyce Mwende delivered on 12th June 2019
in Thika Criminal Case No.4152 of 2016Consolidated With Thika
Criminal Case No. 4154 of 2016)
REVISION RULING
Joyce Mwende was sentenced for 5 (five) years imprisonment by the Thika Chief Magistrate in Criminal Case No. 4152 of 2016 consolidated with Criminal Case No. 4145 of 2016. Her imprisonment was on 12th June 2019.
The record of Thika Chief Magistrate court in the above matters shows Joyce Mwende was held in custody from 27th May 2016, up to the date she was convicted and sentenced. It follows that in calculating Joyce Mwende’s sentence the period she was held in custody, from 27th May 2016 to 12th June 2019 should be taken into account, which the trial court did not consider.
I therefore order that the sentence of Joyce Mwende be calculated as stated above.
DATED AND SIGNED AT KIAMBU THIS 18TH DAY OF MARCH 2021.
MARY KASANGO
JUDGE