[2023] KEHC 24171 (KLR)
The court found that the period the applicant spent in custody before conviction was not factored into his prison sentence. In line with Section 333(2) of the Criminal Procedure Code and recent High Court decisions, the court held that the applicant was entitled to have the period from 30th July 2019 to 9th December...
Source-derived case information.
- Citation
- [2023] KEHC 24171 (KLR)
- Parties
- Applicant: Amos Kirangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E054 of 2022
- Procedural Posture
- Miscellaneous Application / Application for Re Hearing of Sentence After Dismissal of Appeal
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Sentence Review, Pretrial Custody Credit, Sexual Offences, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Kirangi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Application for Re Hearing of Sentence After Dismissal of Appeal
Legal Issues
- 1 Whether the period spent in custody before conviction should be deducted from the applicant's sentence in accordance with Section 333(2) of the Criminal Procedure Code.
- 2 Whether the High Court has jurisdiction to review the sentence after dismissal of the applicant's appeal.
Ratio Decidendi
The court found that the period the applicant spent in custody before conviction was not factored into his prison sentence. In line with Section 333(2) of the Criminal Procedure Code and recent High Court decisions, the court held that the applicant was entitled to have the period from 30th July 2019 to 9th December 2021 deducted from his sentence. The court exercised its jurisdiction to ensure compliance with statutory sentencing requirements, notwithstanding the earlier dismissal of the applicant's appeal.
Court Disposition
application allowed
Orders
- The period from 30th July 2019 to 9th December 2021 shall be reduced from the applicant's prison sentence in accordance with Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Kirangi v Republic (Miscellaneous Application E054 of 2022) [2023] KEHC 24171 (KLR) (25 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24171 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Application E054 of 2022
GMA Dulu, J
October 25, 2023
Between
Amos Kirangi
Applicant
and
Republic
Respondent
Ruling
1. This is an application for re-hearing of sentence filed by the applicant.
2. The applicant was convicted of sexual assault contrary to Section 5(1) (a) (i) as read with Section 5(2) of the Sexual Offences Act, and sentenced to ten (10) years imprisonment.
3. He appealed to this court in Voi High Court Criminal Appeal no E108 of 2021, and his appeal was dismissed.
4. He has now come to this court seeking review of his sentence, relying on Section 333(2) of the Criminal Procedure Code (Cap.75).
5. I note that before sentencing, the appellant was allowed by the trial court to mitigate. He has however come to this court stating that the period he was in custody before conviction from 30th July 2019 to 9th December 2021 be computed in his prison sentence.
6. The Director of Public Prosecutions does not challenge the above period in custody, but states that this court has no jurisdiction to review the sentence following the applicant’s unsuccessful appeal to the High Court.
7. Having considered the entire matter and all arguments of the parties, I find that the period in custody was not factored in the prison sentence, and in line with recent High Court decisions in similar matters, I allow the application and order that in accordance with the provisions of Section 333(2) of the Criminal Procedure Code, the period from 30th July 2019 to 9th December 2021, be and is hereby reduced from the applicant’s prison sentence. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 25TH DAY OF OCTOBER 2023 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantApplicantMr. Sirima for State