[2024] KEHC 4200 (KLR)

[2024] KEHC 4200 (KLR)

The court found that the applicant was arrested on 31st May 2019, arraigned on 3rd June 2019, and remained in remand custody throughout his trial. The sentencing court did not specify when the sentence was to commence. Applying section 333(2) of the Criminal Procedure Code and relevant judicial guidelines, the court...

Source-derived case information.

Citation
[2024] KEHC 4200 (KLR)
Parties
Applicant: Andrew Koech; Respondent: Republic
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
15 April 2024
Case Number
Criminal Miscellaneous Application E0150 of 2023
Procedural Posture
Criminal Miscellaneous Application / Ruling on Application to Compute Remand Period Under Section 333(2) Cpc
Outcome
application partially allowed
Judges
SM Mohochi
Legal Topics
Sentencing, Remand Custody, Section 333 2 Cpc, Sentence Variation
Source Language
english
Criminal Law Sentencing Remand Custody Section 333 2 Cpc Sentence Variation

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Summary, issues, holding and outcome

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Parties

Andrew Koech

Applicant

Republic

Respondent

Procedural Posture

Criminal Miscellaneous Application / Ruling on Application to Compute Remand Period Under Section 333(2) Cpc

Legal Issues

  1. 1 Whether the period spent by the applicant in remand custody should be taken into account in computing his sentence as per section 333(2) of the Criminal Procedure Code.
  2. 2 Whether the applicant's sentence should be varied to reflect the period already served in custody.

Ratio Decidendi

The court found that the applicant was arrested on 31st May 2019, arraigned on 3rd June 2019, and remained in remand custody throughout his trial. The sentencing court did not specify when the sentence was to commence. Applying section 333(2) of the Criminal Procedure Code and relevant judicial guidelines, the court held that the sentence must be computed from the date the applicant was first held in custody, i.e., 3rd June 2019. The application was thus partially merited, and the sentence was varied accordingly to run from that date.

Court Disposition

application partially allowed

Orders

  • The sentence imposed on the accused is hereby varied to include: The sentence shall run from the 3rd June 2019.