[2022] KEHC 16104 (KLR)
The court found that the appellant had remained in custody from March 7, 2019, the date of arraignment, until his sentencing on October 3, 2019. In accordance with section 333(2) of the Criminal Procedure Code, the court held that the appellant was entitled to have the period spent in pre-trial detention considered...
Source-derived case information.
- Citation
- [2022] KEHC 16104 (KLR)
- Parties
- Appellant: Stephen Kichokola; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 19 of 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal abandoned; sentence to run from date of first remand; file closed.
- Judges
- A. Ong’injo
- Legal Topics
- Defilement, Sentencing, Pre Trial Detention Credit, Sexual Offences Act, Abandonment of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kichokola
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to have the period spent in pre-trial detention considered in the computation of his sentence.
- 2 Whether the sentence should be adjusted to reflect the time already served in custody.
Ratio Decidendi
The court found that the appellant had remained in custody from March 7, 2019, the date of arraignment, until his sentencing on October 3, 2019. In accordance with section 333(2) of the Criminal Procedure Code, the court held that the appellant was entitled to have the period spent in pre-trial detention considered in the computation of his sentence. Consequently, the five-year sentence imposed on the appellant was ordered to take effect from March 7, 2019, the date he was first remanded in custody. The appeal was abandoned by the appellant, and the file was ordered closed.
Court Disposition
Appeal abandoned; sentence to run from date of first remand; file closed.
Orders
- The sentence of five years imprisonment shall take effect from March 7, 2019.
- The appeal is abandoned and the file is closed forthwith.
Full Case Text
Judgment text and source record
18 paragraphs
Kichokola v Republic (Criminal Appeal 19 of 2020) [2022] KEHC 16104 (KLR) (11 November 2022) (Judgment)
Neutral citation: [2022] KEHC 16104 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Appeal 19 of 2020
A. Ong’injo, J
November 11, 2022
Between
Stephen Kichokola
Appellant
and
Republic
Respondent
Judgment
1. The appellant was convicted and sentenced to serve 5 years jail term for an offence of defilement contrary to section 8(1) as read with sections 8(4) of the Sexual Offences Act on October 3, 2019 where the trial magistrate observed that the appellant appeared to be a young man who was caught up in a Romeo and Juliet kind of scenario.
2. The appellant filed appeal herein against conviction and sentence. However on November 10, 2022 when matter came up for directions on how the appeal could be disposed, the appellant abandoned appeal and requested that the court considers his pre trial detention in the sentence.
3. I have looked at the trial record and established that the appellant was arraigned in court on March 7, 2019 and was sentenced on October 3, 2019 and that he remained in custody throughout the trial period and is therefore entitled to benefit under section 333(2) of the Criminal Procedure Code. The sentence of 5 years will take effect from March 7, 2019. The appeal is abandoned and file closed forthwith.
HON. A. ONG’INJO – JUDGE11. 11. 2022Before; Hon Adheera Ong’injo JudgeOtolo – Court AssistantAppellant – present in personMwakireti for RespondentCourtJudgment delivered, dated and signed in court.HON. A. ONG’INJO – JUDGE11. 11. 2022