[2023] KEHC 26601 (KLR)

[2023] KEHC 26601 (KLR)

The court held that the applicant was entitled to have the period spent in remand custody prior to sentencing taken into account in the computation of his sentence. Accordingly, the court ordered that the applicant's five-year custodial sentence should be deemed to have commenced on 17th May 2021, the date he was...

Source-derived case information.

Citation
[2023] KEHC 26601 (KLR)
Parties
Applicant: Jackson Mbugua alias Chaknoris; Respondent: Republic
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application E220 of 2022
Procedural Posture
Miscellaneous Criminal Application / Ruling
Outcome
application allowed
Judges
A. Ong’injo
Legal Topics
Sentencing Commencement, Remand Period Credit
Source Language
en
Criminal Law Sentencing Commencement Remand Period Credit

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Parties

Jackson Mbugua alias Chaknoris

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling

Legal Issues

  1. 1 Whether the applicant's sentence should be computed from the date of arrest or the date of sentencing.
  2. 2 Whether the period spent in remand custody should be considered in the computation of the applicant's sentence.

Ratio Decidendi

The court held that the applicant was entitled to have the period spent in remand custody prior to sentencing taken into account in the computation of his sentence. Accordingly, the court ordered that the applicant's five-year custodial sentence should be deemed to have commenced on 17th May 2021, the date he was first arraigned in court, rather than the date of sentencing. This ensures compliance with Section 333(2) of the Criminal Procedure Code, which mandates that the time spent in lawful custody prior to conviction and sentencing be considered in the calculation of the term of imprisonment imposed.

Court Disposition

application allowed

Orders

  • The applicant's sentence of five years imprisonment shall take effect from 17th May 2021.