[2022] KEHC 13657 (KLR)
The court found that the appellant had been in custody for nearly seven years before his conviction and sentencing, and that the trial magistrate failed to consider this period as required by Section 333(2) of the Criminal Procedure Code. The court held that the sentence should be computed from the date of arrest,...
Source-derived case information.
- Citation
- [2022] KEHC 13657 (KLR)
- Parties
- Appellant: Nicholas Thiane Kirunya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 57 of 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied to commence from date of arrest
- Judges
- TW Cherere
- Legal Topics
- Robbery With Violence, Sentencing, Time Spent in Custody, Appeal Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Thiane Kirunya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the appellant's sentence.
Ratio Decidendi
The court found that the appellant had been in custody for nearly seven years before his conviction and sentencing, and that the trial magistrate failed to consider this period as required by Section 333(2) of the Criminal Procedure Code. The court held that the sentence should be computed from the date of arrest, ensuring compliance with statutory requirements and fairness in sentencing.
Court Disposition
sentence varied to commence from date of arrest
Orders
- The 20-year sentence imposed on the appellant shall commence from February 13, 2012, the date of his arrest.
Full Case Text
Judgment text and source record
21 paragraphs
Kirunya v Republic (Criminal Appeal 57 of 2019) [2022] KEHC 13657 (KLR) (13 October 2022) (Judgment)
Neutral citation: [2022] KEHC 13657 (KLR)
Republic of Kenya
In the High Court at Meru
Criminal Appeal 57 of 2019
TW Cherere, J
October 13, 2022
Between
Nicholas Thiane Kirunya
Appellant
and
Republic
Respondent
(Being an appeal from the judgment, conviction and sentence in Tigania Criminal Case No. 193 of 2012 by of Hon. Sogomo, G., on 18t March, 2019)
Judgment
The charge 1. Nicholas Thiane Kirunya (Appellant) was charged with the offence of Robbery with Violence contrary to Section 296(2) of the Penal Code. He was convicted and was on March 18, 2019 sentenced to serve 20 years’ imprisonment.
The appeal 2. At the hearing of the appeal on October 6, 2022, Appellant informed the court that he only wished to pursue one ground that the time he spent in custody be taken into consideration. The State through Ms. Mwaniki (PPC) did not oppose the appeal.
3. Section 333(2) of the Criminal Procedure Codeprovides that:(2)Subject to the provisions of section 38 of the Penal Codeevery 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. It is worthy to note that the Appellant was in custody throughout the trial having been arrested on February 13, 2012. He was in custody for close to 7 years before the conviction and sentence. The record reveals that the learned trial magistrate did not take this period into consideration at the point of sentencing the Appellant.
5. It is therefore ordered that the 20-year sentence imposed on the Appellant shall commence from February 13, 2012 when he was arrested.
DELIVERED AT MERU THIS 13TH DAY OF OCTOBER 2022WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiAppellant - Present in personFor the State - Ms. Mwaniki (PPC)