[2022] KEHC 10942 (KLR)
The court found that the applicant was entitled to have the period spent in custody between his arrest and sentencing considered in the computation of his sentence, pursuant to Section 333(2) of the Criminal Procedure Code. The court further determined that, given the sentence completion date was imminent and the...
Source-derived case information.
- Citation
- [2022] KEHC 10942 (KLR)
- Parties
- Applicant: Felix Bogongo Kimanga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E019 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed in part
- Judges
- JN Kamau
- Legal Topics
- Assault, Sentencing, Actual Bodily Harm, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Bogongo Kimanga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody considered in his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant should be released from custody to serve the remainder of his sentence as a community service order.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in custody between his arrest and sentencing considered in the computation of his sentence, pursuant to Section 333(2) of the Criminal Procedure Code. The court further determined that, given the sentence completion date was imminent and the absence of a report indicating otherwise, the applicant should be released from custody to serve the remainder of his sentence as a community service order at Keroka Police Station until the sentence completion date of 10/8/2022.
Court Disposition
application allowed in part
Orders
- The applicant shall be released from custody to serve a community service order at Keroka Police Station until 10/8/2022.
Full Case Text
Judgment text and source record
16 paragraphs
Kimanga v Republic (Criminal Revision E019 of 2022) [2022] KEHC 10942 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10942 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E019 of 2022
JN Kamau, J
August 3, 2022
Between
Felix Bogongo Kimanga
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with assault causing actual bodily harm contrary to Section 251 of the Penal Code (Cap 63(Laws of Kenya). He was arrested on 10/12/2021 and arraigned in court on the same date when he denied the charge. On 13/1/2022, he pleaded guilty to the charge and was sentenced to serve twelve (12) months imprisonment on 20/1/2022. Taking into account the period between the date of his arrest and the date of his sentence in line with Section 333(2) of the Penal Code, the date of completion of his sentence is 10/8/2022. Although there is no Report as this matter had been indicated as “sentence completed”. I hereby direct that the Applicant be released from custody to serve community service order at Keroka Police Station until 10/8/2022. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE