[2024] KEHC 9829 (KLR)
The court found that the applicant had served a substantial portion of his sentence and that the period spent in pre-trial custody had not been considered by the trial court. In accordance with section 333(2) of the Criminal Procedure Code and the Chief Justice's memo, the court determined that the applicant was...
Source-derived case information.
- Citation
- [2024] KEHC 9829 (KLR)
- Parties
- Appellant: Silas Mandimba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 22 of 2024
- Procedural Posture
- Criminal Appeal / Ruling on Sentence Revision
- Outcome
- sentence revised; appellant to be released unless otherwise lawfully held
- Judges
- DR Kavedza
- Legal Topics
- Sentence Revision, Pre Trial Custody Credit, Sexual Offences, Non Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Mandimba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Sentence Revision
Legal Issues
- 1 Whether the period spent in pre-trial custody should be considered in sentencing under section 333(2) of the Criminal Procedure Code.
- 2 Whether the appellant qualifies for a non-custodial sentence in light of the Chief Justice's memo for inmates with less than three years to serve.
Ratio Decidendi
The court found that the applicant had served a substantial portion of his sentence and that the period spent in pre-trial custody had not been considered by the trial court. In accordance with section 333(2) of the Criminal Procedure Code and the Chief Justice's memo, the court determined that the applicant was eligible for a non-custodial sentence. The custodial sentence of twenty years was set aside and substituted with an order that the applicant had served sufficient sentence, warranting his immediate release unless otherwise lawfully held.
Court Disposition
sentence revised; appellant to be released unless otherwise lawfully held
Orders
- The twenty years custodial sentence imposed by the trial court is set aside.
- The applicant is deemed to have served sufficient sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Mandimba v Republic (Criminal Appeal 22 of 2024) [2024] KEHC 9829 (KLR) (30 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9829 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Appeal 22 of 2024
DR Kavedza, J
July 30, 2024
Between
Silas Mandimba
Appellant
and
Republic
Respondent
Ruling
1. The applicant filed an undated chamber summons application seeking revision of his sentence. He urged this court to invoke section 333(2) of the criminal Procedure Code and consider the period of eleven months which he spent in pre-trial custody, from 7th August 2010 to 7th June 2011.
2. The appellant was charged and convicted for the offense of sexual assault. He was sentenced to serve twenty (20) years’ imprisonment.
3. This matter came up for mention for directions on 30/07/2024. During the proceedings, it was highlighted that the trial court record had not yet been availed despite several follow-ups. However, the prisons confirmed that the applicant is left with only two (2) months to serve.
4. According to the Chief Justice’s memo dated 07/12/2022, inmates who are serving long sentences and have a balance of three (3) years or less may be considered for non-custodial sentence.
5. In line with the aforementioned memo, I hereby set aside the twenty (20) years custodial sentence imposed by the trial court and substitute it with an order that the applicant has served sufficient sentence.
6. The applicant shall forthwith be set at liberty unless otherwise lawfully held.It is so ordered.
RULING DELIVERED THIS DAY 30TH DAY OF JULY 2024D. KAVEDZAJUDGEIn presence of:Mr. Mong’are for the RespodentApplicant present on the virtual platformNelson Court assistant