[2023] KEHC 27271 (KLR)
The court held that the applicant was entitled to have the period spent in remand custody deducted from his sentence in accordance with section 333(2) of the Criminal Procedure Code. The applicant was in remand from June 25, 2020 to April 6, 2023, amounting to 2 years, 9 months, and 10 days. The court found that...
Source-derived case information.
- Citation
- [2023] KEHC 27271 (KLR)
- Parties
- Applicant: Edward Atacha Moracha; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E086 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Reduction Application
- Outcome
- Application allowed; sentence reduced by period spent in remand custody.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Remission, Remand Custody Credit, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Atacha Moracha
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Reduction Application
Legal Issues
- 1 Whether the period spent by the applicant in remand custody should be considered in the computation of his sentence.
- 2 Whether section 333(2) of the Criminal Procedure Code applies to the applicant's circumstances.
Ratio Decidendi
The court held that the applicant was entitled to have the period spent in remand custody deducted from his sentence in accordance with section 333(2) of the Criminal Procedure Code. The applicant was in remand from June 25, 2020 to April 6, 2023, amounting to 2 years, 9 months, and 10 days. The court found that this period should be reduced from the five-year sentence imposed by the trial court, ensuring that the applicant does not serve more time than is just under the law. The court thus ordered the reduction of the sentence by the period spent in remand custody.
Court Disposition
Application allowed; sentence reduced by period spent in remand custody.
Orders
- The applicant's sentence is reduced by 2 years, 9 months, and 10 days, being the period spent in remand custody during trial.
- The prison authorities are directed to compute the applicant's remaining sentence accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
Moracha v Republic (Miscellaneous Criminal Application E086 of 2023) [2023] KEHC 27271 (KLR) (1 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27271 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E086 of 2023
A. Ong’injo, J
December 1, 2023
Between
Edward Atacha Moracha
Applicant
and
Republic
Respondent
Ruling
1. The applicant vide Notice of Motion application filed on June 12, 2023 under article 22 (1) of the Constitution and the annexed affidavit sworn by the applicant.
2. The applicant contends that he was sentenced to serve 5 years in Mombasa Chief Magistrates Court Criminal Case No. E149 of 2020 for the offence of stealing a motor vehicle contrary to section 278 A of the Penal Codeand seeks that the period spent in remand custody be considered in his sentence.
3. This court finds that the applicant was first arraigned in court on June 25, 2020 and he stayed in custody until April 6, 2023 when he was convicted and sentenced.
4. This court therefore finds that the applicant’s sentence be reduced by 2 years, 9 months and 10 days when he was in remand custody during trial in accordance with section 333(2) of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 1ST DAY OF DECEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE