[2023] KEHC 25198 (KLR)
The court found that the trial court failed to specifically factor in the period the applicant was in remand custody when computing the prison sentence, as required by Section 333(2) of the Criminal Procedure Code. The applicant was in custody from 26th March 2018 to 31st May 2018, a period of 2 months and 6 days....
Source-derived case information.
- Citation
- [2023] KEHC 25198 (KLR)
- Parties
- Applicant: Abel Mwakio Kifoto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E011 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review
- Outcome
- Sentence reviewed; period in remand custody to be deducted from prison sentence.
- Judges
- GMA Dulu
- Legal Topics
- Sentence Review, Remand Period Deduction, Grievous Harm, First Offender, Mitigation, Criminal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abel Mwakio Kifoto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review
Legal Issues
- 1 Whether the period the applicant spent in remand custody during trial should be deducted from his prison sentence as required by law.
Ratio Decidendi
The court found that the trial court failed to specifically factor in the period the applicant was in remand custody when computing the prison sentence, as required by Section 333(2) of the Criminal Procedure Code. The applicant was in custody from 26th March 2018 to 31st May 2018, a period of 2 months and 6 days. The High Court held that this period must be deducted from the 30-year sentence imposed for grievous harm, and accordingly ordered the reduction of the sentence by the remand period.
Court Disposition
Sentence reviewed; period in remand custody to be deducted from prison sentence.
Orders
- The period of 2 months and 6 days spent in remand custody during trial shall be reduced from the applicant's prison sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Kifoto v Republic (Criminal Revision E011 of 2023) [2023] KEHC 25198 (KLR) (8 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25198 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E011 of 2023
GMA Dulu, J
November 8, 2023
Between
Abel Mwakio Kifoto
Applicant
and
Republic
Respondent
Ruling
1. This is a request for review of sentence by taking into account the period the convict (applicant herein) was in remand during hearing of his case before the Magistrate’s court, in accordance with the provisions of Section 333(2)(d) of the Criminal Procedure Code (Cap.75).
2. The applicant who was convicted on 31st May 2018 was sentenced to 30 years imprisonment for grievous harm contrary to Section 234 of the Penal Code.
3. The learned Assistant Director of Public Prosecutions has submitted that, if the period in custody was not factored in the sentence, then this court can review the sentence.
4. On his part, the applicant stated before this court that he was in custody during trial for 2 months and 6 days.
5. Having perused the record, I note that the applicant was treated as a first offender. Also his mitigation in which he asked for leniency and stated that he was the bread winner was taken into account before sentencing him. However, the trial court did not specifically factor in the period he was in custody in computing the prison sentence. I am thus persuaded to review the prison sentence, and note that he was in custody from 26th March 2018 upto 31st May 2018, when he was sentenced.
6. Consequently, I order that the period of 2 months and 6 days within which the applicant was in remand custody during trial, be and is hereby reduced from his prison sentence.
DATED, SIGNED AND DELIVERED THIS 8TH DAY OF NOVEMBER 2023 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantThe applicantMr. Sirima for the State