[2023] KEHC 3559 (KLR)
The court held that Section 333(2) of the Criminal Procedure Code obligates sentencing courts to account for the period an accused has spent in custody prior to sentencing. Since the petitioner was arrested on 2nd May 2016 and this fact was not disputed, the court ordered that the 10-year sentence should be computed...
Source-derived case information.
- Citation
- [2023] KEHC 3559 (KLR)
- Parties
- Applicant: Jacob Kibaki; Respondent: Director of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E025 of 2023
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- petition allowed in part
- Judges
- TW Cherere
- Legal Topics
- Sentencing Commencement, Pre Sentence Custody, Sexual Offences, Criminal Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Kibaki
Applicant
Director of Public Prosecution
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be taken into account in computing the petitioner.s sentence.
- 2 Whether the petitioner.s sentence should be deemed to commence from the date of arrest.
Ratio Decidendi
The court held that Section 333(2) of the Criminal Procedure Code obligates sentencing courts to account for the period an accused has spent in custody prior to sentencing. Since the petitioner was arrested on 2nd May 2016 and this fact was not disputed, the court ordered that the 10-year sentence should be computed from the date of arrest, ensuring compliance with statutory and constitutional requirements regarding fair sentencing.
Court Disposition
petition allowed in part
Orders
- The petitioner.s 10-year sentence shall commence from 2nd May, 2016.
Full Case Text
Judgment text and source record
20 paragraphs
Kibaki v Director of Public Prosecution (Petition E025 of 2023) [2023] KEHC 3559 (KLR) (20 April 2023) (Judgment)
Neutral citation: [2023] KEHC 3559 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E025 of 2023
TW Cherere, J
April 20, 2023
Between
Jacob Kibaki
Petitioner
and
Director of Public Prosecution
Respondent
Judgment
1. Petitioner was convicted for the offence of rape contrary to section 3(1)(a) as read with section 3(3) of the Sexual Offences Act and was sentenced to 10 years’ imprisonment.
2. Petitioner’s appeal to the High Court vide Meru H.C.CRA. No. 148 of 2017 was dismissed and the conviction and sentence were confirmed.
3. I have considered the revision in the light of Section 333(2) of the Criminal Procedure Code which provides: -Warrant in case of sentence of imprisonment(2)Subject to the provisions of section 38 of the Penal Code (Cap. 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.Provided that where the person sentenced under subsection (1) has prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.
4. The court in handing down a sentence is obligated to take into account the period an accused has been held in custody prior to such sentence. (See Ahamad Abolfathi Mohammed & Another vs Republic [2018] eKLR).
5. That the Petitioner was arrested on 02nd May, 2016 has not been controverted. From the foregoing, I order that the 10-year sentence shall commence from 02nd May, 2016.
DELIVERED AT MERU THIS 20th DAY OF April 2023WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - PresentFor DPP - Ms. Rita (PC-1)Page 2 of 2