[2023] KEHC 3032 (KLR)
The court held that section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to conviction and sentencing must be considered when computing the term of imprisonment. The applicant's sentence of 15 years for manslaughter did not account for the 2.5 years she spent in custody...
Source-derived case information.
- Citation
- [2023] KEHC 3032 (KLR)
- Parties
- Applicant: Dorothy Awuor Juma Alias Mercy; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E044 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application to Consider Pre Sentence Custody Period
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Pre Sentence Custody, Manslaughter, Penal Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Awuor Juma Alias Mercy
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application to Consider Pre Sentence Custody Period
Legal Issues
- 1 Whether the period of 2.5 years spent in custody prior to conviction should be considered as part of the applicant's sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to conviction and sentencing must be considered when computing the term of imprisonment. The applicant's sentence of 15 years for manslaughter did not account for the 2.5 years she spent in custody before conviction. The court found that this omission was contrary to the law and ordered that the sentence be recalculated from the date of arrest, subject to verification by prison authorities regarding whether the applicant was released on bond during the trial period.
Court Disposition
application allowed
Orders
- The sentence of fifteen (15) years imprisonment imposed on the convict shall be calculated from the date of arrest, provided she was not released on bond pending trial and sentencing, to be verified by the prisons authorities.
- Order/signal to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Juma alias Mercy v Republic (Miscellaneous Criminal Application E044 of 2022) [2023] KEHC 3032 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 3032 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Criminal Application E044 of 2022
RE Aburili, J
March 24, 2023
Between
Dorothy Awuor Juma Alias Mercy
Applicant
and
Republic
Respondent
Ruling
1. The applicant/convict herein Dorothy Awuor Juma alias Mercy by her application dated April 19, 2022 seeks that this court takes into account the period of 21/2 years as part of her sentence, which period she spent in custody prior to her being convicted vide Kisumu HCCR No 4 of 2016 for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code on May 17, 2018, and being sentenced to serve fifteen (15) years imprisonment.
2. She has annexed to her application the warrant of committal to prison dated May 17, 2018. The same shows that the sentence imposed did not take into account the period spent in custody as stipulated in section 333(2) of the Criminal Procedure Code.
3. Despite this court ordering for the trial court file to be availed, the same has not been forthcoming.
4. I hereby allow the application under section 333(2) of the Criminal Procedure Code and order that the sentence of fifteen (15) years imprisonment imposed on the convict shall be calculated from the date of arrest of the convict, in the event that she was not released on bond pending trial and sentencing to be verified by the prisons authorities.
5. Order/signal to issue.
6. File closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF MARCH, 2023R. E. ABURILIJUDGE