[2019] KEHC 3428 (KLR)
The court found that the applicant had served at least one-third or more of his sentence, including the period spent in pretrial custody, and that the probation report was favourable. The court exercised its discretion to order the applicant's release, noting that he had acquired vocational skills while in custody...
Source-derived case information.
- Citation
- [2019] KEHC 3428 (KLR)
- Parties
- Applicant: Julius Gekonyo Kamau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 137 of 2018
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Release
- Outcome
- application allowed; applicant released unless lawfully held
- Judges
- HK Chemitei
- Legal Topics
- Sentence Computation, Remission of Sentence, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Gekonyo Kamau
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Release
Legal Issues
- 1 Whether the applicant is entitled to release based on time already served including pretrial custody.
- 2 Whether the probation report supports the applicant's release.
Ratio Decidendi
The court found that the applicant had served at least one-third or more of his sentence, including the period spent in pretrial custody, and that the probation report was favourable. The court exercised its discretion to order the applicant's release, noting that he had acquired vocational skills while in custody and encouraging him to use these skills positively upon release. The decision was grounded on the principle that time spent in custody prior to sentencing should be considered in sentence computation, and that rehabilitation and positive probation reports are relevant factors in granting early release.
Court Disposition
application allowed; applicant released unless lawfully held
Orders
- The applicant, Julius Gekonyo Kamau, is to be released from custody unless otherwise lawfully held.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC CRIMINAL APPLICATION NO. 137 OF 2018
JULIUS GEKONYO KAMAU ..... APPLICANT
VERSUS
REPUBLIC ..................................RESPONDENT
R U L I N G
The court has perused the application dated 31/7/2018. The court notice that the Applicant was sentenced on 19/3/2014 to 10 years by this court. It is equally noted that prior to this he had been in custody from 5/4/2011 from the date he was charged in court.
The Probation report dated 22/3/2019 is favourable. Taking into account the above, its noted that he has served the 1/3 or even more of the period he had been sentenced.
Let the Applicant be released unless lawfully held. He should utilise the training in tailoring he has learned while in custody to benefit him and not to indulge in crime again.
Orders accordingly.
Dated, signed and delivered at Kitale this 6th day of June, 2019.
___________________
H.K. CHEMITEI
JUDGE
6/6/19
In the presence of:-
Applicant present
Mr Omoria for Respondent.
Court Assistant – Emily
Ruling read in open court.