[2023] KEHC 25700 (KLR)
The court found that the trial judge in the original sentencing had already directed that the prison sentence would take effect from 29th May 2019, the date the applicant was arraigned in court. Therefore, the period spent in remand custody had already been factored into the sentence. As such, there was no merit in...
Source-derived case information.
- Citation
- [2023] KEHC 25700 (KLR)
- Parties
- Appellant: Jackson Ndegwa Kisima; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E058 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Review, Remand Custody Credit, Application of Section 333 2 Cpc, Manslaughter Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Ndegwa Kisima
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the period spent in remand custody should be deducted from the applicant's sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the applicant is entitled to a review of sentence in light of the trial court's sentencing order.
Ratio Decidendi
The court found that the trial judge in the original sentencing had already directed that the prison sentence would take effect from 29th May 2019, the date the applicant was arraigned in court. Therefore, the period spent in remand custody had already been factored into the sentence. As such, there was no merit in the application for further review of sentence, and the request was dismissed.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
Kisima v Republic (Miscellaneous Criminal Application E058 of 2022) [2023] KEHC 25700 (KLR) (21 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25700 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Criminal Application E058 of 2022
GMA Dulu, J
November 21, 2023
Between
Jackson Ndegwa Kisima
Appellant
and
Republic
Respondent
Ruling
1. Before me is Petition and Chamber Summons filed by Jackson Ndegwa Kisima. In the Chamber Summons, the convict refers to Section 333(2) of the Criminal Procedure Code (Cap.75), wherein the court is required to factor the period the convict was in remand custody during trial in the subsequent prison sentence.
2. In the supporting affidavit, sworn on 8th February 2022 the convict deponed that he was arrested on 27th May 2019 and was convicted of manslaughter on 23rd March 2021.
3. He asked in the affidavit that the period he was in remand custody be reduced from his sentence of fifteen (15) years imprisonment.
4. I was also provided with the trial court file which was Voi High Court Criminal Case No. 5 of 2019, wherein the convict pleaded guilty to manslaughter, and the learned Judge A. Ong’injo delivered a ruling on sentence on 19th November 2021.
5. The Director of Public Prosecutions has submitted that the request of the convict herein for review of sentence is unmerited.
6. I note that in the above detailed sentence ruling, the trial Judge stated specifically that the prison sentence will take effect on 29th May 2019 when the convict was arraigned in court.
7. I thus find no merits in the application for review of sentence. I dismiss the request.
DATED, SIGNED AND DELIVERED THIS 21ST DAY OF NOVEMBER, 2023 AT VOi.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantMr. Sirima for StateAppellant