[2022] KEHC 12390 (KLR)
The court found that the applicant, having been convicted and sentenced to twelve months imprisonment for stock theft, was entitled under Section 333(2) of the Criminal Procedure Code to have the period spent in custody prior to sentencing considered in the computation of his sentence. Upon recalculating the...
Source-derived case information.
- Citation
- [2022] KEHC 12390 (KLR)
- Parties
- Applicant: Geoffrey Ongeri Luka; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E029 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant ordered released from custody forthwith unless otherwise lawfully held.
- Judges
- JN Kamau
- Legal Topics
- Stock Theft, Sentencing, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Geoffrey Ongeri Luka
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence.
- 2 Whether the applicant had completed serving his sentence as per Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant, having been convicted and sentenced to twelve months imprisonment for stock theft, was entitled under Section 333(2) of the Criminal Procedure Code to have the period spent in custody prior to sentencing considered in the computation of his sentence. Upon recalculating the sentence with this credit, the court determined that the applicant had completed serving his sentence as of 14 July 2022. Consequently, the court ordered the applicant's immediate release from custody unless otherwise lawfully held.
Court Disposition
Application allowed. Applicant ordered released from custody forthwith unless otherwise lawfully held.
Orders
- The applicant be and is hereby released from custody forthwith unless he be held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Luka v Republic (Criminal Revision E029 of 2022) [2022] KEHC 12390 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12390 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E029 of 2022
JN Kamau, J
August 4, 2022
Between
Geoffrey Ongeri Luka
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged and convicted on his own plea of guilty of the offence of stealing stock contrary to Section 278 of the Penal CodeCap 63 (Laws of Kenya). He was sentenced to serve twelve (12) months imprisonment on 23/12/2021. The same was to end on 23/8/2022 as per the early release date by prison. He declined to be interviewed for the community Service Orders. Be that as it may, taking into account the period of his arrest and date of sentence, in line with Section 333(2) of the Criminal Procedure Cap 75 (Laws of Kenya), the Applicant completed his sentence of 14/7/2022. It is hereby directed that the Applicant be and is hereby released from custody forthwith unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022J. KAMAUJUDGE