[2023] KEHC 3378 (KLR)
The court found that the applicant was arrested on May 12, 2020, and sentenced on August 26, 2022. In accordance with Section 333(2) of the Criminal Procedure Code, the period spent in custody prior to sentencing must be taken into account when computing the applicant's sentence. The court therefore ordered that the...
Source-derived case information.
- Citation
- [2023] KEHC 3378 (KLR)
- Parties
- Applicant: Vincent Sakwa Mfatwa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E143 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Period spent in custody to be considered in sentence computation.
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Computation, Pre Sentence Custody, 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
Vincent Sakwa Mfatwa
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period the applicant spent in custody prior to sentencing should be considered in the computation of his sentence.
Ratio Decidendi
The court found that the applicant was arrested on May 12, 2020, and sentenced on August 26, 2022. In accordance with Section 333(2) of the Criminal Procedure Code, the period spent in custody prior to sentencing must be taken into account when computing the applicant's sentence. The court therefore ordered that the time spent in custody be considered in the computation of the sentence imposed on the applicant.
Court Disposition
Application allowed. Period spent in custody to be considered in sentence computation.
Orders
- The period spent in custody by the applicant before sentencing shall be taken into consideration during the computation of the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Mfatwa v Republic (Criminal Revision E143 of 2023) [2023] KEHC 3378 (KLR) (Crim) (26 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3378 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E143 of 2023
DR Kavedza, J
April 26, 2023
Between
Vincent Sakwa Mfatwa
Applicant
and
Republic
Respondent
Ruling
1. I have gone through the application of the appellant (undated) and the supporting affidavit received in court on February 1, 2023. The applicant prays that the period he was in custody before sentence be considered during the computation of the sentence. I have gone through the lower court file and it does confirm that the appellant was arrested on May 12, 2020 and jailed on August 26, 2022. it is therefore ordered that the period spent in custody be taken into consideration during the computation. It is ordered.
RULING, READ AND DELIVERED ON 26TH DAY OF APRIL, 2023. ........................D. KAVEDZAJUDGE