[2022] KEHC 10551 (KLR)
The court found that the applicant was entitled to have the period spent in custody prior to sentencing taken into account in accordance with section 333(2) of the Criminal Procedure Code. The court further considered the report recommending community service and determined that the applicant should be released from...
Source-derived case information.
- Citation
- [2022] KEHC 10551 (KLR)
- Parties
- Applicant: Amos Mayaka Momanyi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E010 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application for revision allowed; applicant released from custody to serve community service order.
- Judges
- JN Kamau
- Legal Topics
- Assault Causing Actual Bodily Harm, Sentencing, Community Service Orders, Computation of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Mayaka Momanyi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.
- 2 Whether the applicant is entitled to a community service order in lieu of continued imprisonment.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in custody prior to sentencing taken into account in accordance with section 333(2) of the Criminal Procedure Code. The court further considered the report recommending community service and determined that the applicant should be released from custody to serve a community service order at Nyangaso Primary School until 15 January 2023, instead of continuing to serve the custodial sentence. This decision was made to ensure compliance with statutory requirements and to promote rehabilitation through community service.
Court Disposition
Application for revision allowed; applicant released from custody to serve community service order.
Orders
- The period between arrest and sentencing (two months one day) shall be taken into account in computing the sentence.
- The applicant shall be released from custody to serve a community service order at Nyangaso Primary School as per the report of Edwin Kimaiyo from 1/8/2022 until 15/1/2023.
Full Case Text
Judgment text and source record
16 paragraphs
Momanyi v Republic (Criminal Revision E010 of 2022) [2022] KEHC 10551 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10551 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E010 of 2022
JN Kamau, J
August 3, 2022
Between
Amos Mayaka Momanyi
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was charged with the offence of assault causing actual bodily harm contrary to section 251 of the laws of Kenya Cap 63(Laws of Kenya). He was arrested on 9/9/2020 and arraigned in Court on 25/9/2020 when he denied the charges. He changed his plea on 16/11/2021 when he pleaded guilty to the charge. He was fined Kshs. 100,000/= and in default to serve two (2) years imprisonment on 16/11/2021. His early release date of prisons is 21/4/2023. In line with section 333(2) of the Criminal Procedure CodeCap 75(Laws of Kenya). The period between the date of his arrest and the date of sentence ought to be taken into account at the time of computing his sentence. This period comes to two (2) months one (1) day. It is hereby directed that the Applicant be released from custody to serve community service order at Nyangaso Primary School as per the Report of Edwin Kimaiyo on 1/8/2022 until 15/1/2023. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE