[2024] KEHC 5103 (KLR)
The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not accounting for the period the applicant spent in remand custody before sentencing. The High Court held that the applicant's sentence should be revised so that the ten-year imprisonment term runs from the...
Source-derived case information.
- Citation
- [2024] KEHC 5103 (KLR)
- Parties
- Applicant: Ipesa Pius Makunda; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E076 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
- Outcome
- application allowed; sentence revised to run from date of first arraignment
- Judges
- DO Ogembo
- Legal Topics
- Sentence Revision, Remand Custody Credit, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ipesa Pius Makunda
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody considered in the computation of his sentence.
- 2 Whether the trial court erred by not factoring the remand period into the sentence imposed.
Ratio Decidendi
The court found that the trial court failed to comply with Section 333(2) of the Criminal Procedure Code by not accounting for the period the applicant spent in remand custody before sentencing. The High Court held that the applicant's sentence should be revised so that the ten-year imprisonment term runs from the date he was first arraigned in court, thereby giving effect to the statutory requirement that time spent in remand be credited towards the sentence. The application for revision was therefore allowed, and the sentence was ordered to run from 16 March 2021, the date of first arraignment.
Court Disposition
application allowed; sentence revised to run from date of first arraignment
Orders
- The applicant shall serve 10 years imprisonment as ordered by the trial court, but the sentence shall run from 16/3/2021, the date the applicant was first arraigned in court.
- Court file closed.
Full Case Text
Judgment text and source record
20 paragraphs
Makunda v Republic (Miscellaneous Criminal Application E076 of 2023) [2024] KEHC 5103 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5103 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E076 of 2023
DO Ogembo, J
May 9, 2024
Between
Ipesa Pius Makunda
Applicant
and
Republic
Respondent
(Being an Application for review of sentence and Conviction of Siaya CM’s Court vide Sexual Offence case No. S.O E020 of 2021 delivered by Hon. M. O. Wambani dated 31. 1.2022)
Ruling
1. The Applicant, Ipesa Pius Makunda seeks revision of his sentence to account for the period he spent in remand custody pending determination of his case. The prosecution did not make submissions on this application.
2. I have perused the record of proceedings herein of 3/10/2022. In the same the court noted;“Shall serve 10 years imprisonment from the date hereof.”
3. The Applicant had been in custody pending determination of his case. Section 333 (2) of the Criminal Procedure Code declares that such period spent in remand custody be accounted for in the sentence of the court. The trial court ought to have factored this period in the sentence of the Applicant.
4. It is for this reason that I find merit in Application of the Applicant dated 31/5/2023. I allow the same and revise the sentence of the applicant. The applicant shall serve 10 years imprisonment as ordered by the trial court. The sentence shall run from 16/3/2021, the date that the Applicant was first arraigned in court. It is so ordered.
DATED, SIGNED AND DELIVERED THIS 9TH DAY OF MAY, 2024. D.O. OGEMBOJUDGE9/5/2024CourtRuling read out in Court in presence of the Applicant (Kisumu Maximum) and Ms. Kerubo for State).D.O. OGEMBOJUDGE9/5/2024CourtFile closed.D.O. OGEMBOJUDGE9/5/2024