[2024] KEHC 6226 (KLR)
The court found that the applicant was in custody from the date of arrest and was never released on bond, despite being granted bail. The trial court failed to consider the period already served in custody when passing sentence. The High Court held that this omission must be corrected, and ordered that the...
Source-derived case information.
- Citation
- [2024] KEHC 6226 (KLR)
- Parties
- Applicant: Humphrey Kuya; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E023 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Sentence to be computed from 9th January 2019.
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Computation, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Kuya
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to conviction should be considered in computing the applicant's sentence.
Ratio Decidendi
The court found that the applicant was in custody from the date of arrest and was never released on bond, despite being granted bail. The trial court failed to consider the period already served in custody when passing sentence. The High Court held that this omission must be corrected, and ordered that the applicant's sentence be computed from the date of his arrest, 9th January 2019, in accordance with the law and principles governing sentencing and pretrial custody credit.
Court Disposition
Application allowed. Sentence to be computed from 9th January 2019.
Orders
- The sentence imposed on the applicant shall be computed from 9th January 2019, taking into account the period served in custody prior to conviction.
Full Case Text
Judgment text and source record
20 paragraphs
Kuya v Republic (Criminal Revision E023 of 2024) [2024] KEHC 6226 (KLR) (24 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6226 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Revision E023 of 2024
PJO Otieno, J
May 24, 2024
Between
Humphrey Kuya
Applicant
and
Republic
Prosecutor
Ruling
1. The record of the file reads and discloses that the Applicant was arrested on 09. 01. 2019 and arraigned in court on the same day.
2. He pleaded not guilty, was tried and subsequently convicted and sentenced to serve a jail term of ten (10) years.
3. Even though he was granted bail of Kshs. 150,000/= with one surety in the like sum, there is no record that he was ever released on bond.
4. Accordingly, having been in custody throughout the trial, his sentence ought to have taken the period served in custody pending trial.
5. The failure by trial court to take into account period served before conviction is corrected with an order that the term be computed from the 9. 01. 2019.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 24TH DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGE