[2023] KEHC 1992 (KLR)
The court held that the applicant is entitled to have the period spent in remand custody deducted from his sentence pursuant to Section 333(2) of the Criminal Procedure Code, subject to confirmation from the trial court's file that he was not released on bond during that period. The court acknowledged the...
Source-derived case information.
- Citation
- [2023] KEHC 1992 (KLR)
- Parties
- Applicant: Jacob Juma Msituni; Respondent: Office Of The Director Of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E202 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- Application allowed subject to confirmation from the trial court's file.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Juma Msituni
Applicant
Office Of The Director Of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in remand custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the court should award a more lenient definite sentence to the applicant.
Ratio Decidendi
The court held that the applicant is entitled to have the period spent in remand custody deducted from his sentence pursuant to Section 333(2) of the Criminal Procedure Code, subject to confirmation from the trial court's file that he was not released on bond during that period. The court acknowledged the applicant's request for a lenient definite sentence but focused its determination on the statutory entitlement to credit for time served in remand. The court directed that the necessary confirmation be obtained from the trial court's file to ensure compliance with the law before adjusting the applicant's sentence accordingly.
Court Disposition
Application allowed subject to confirmation from the trial court's file.
Orders
- The period of 4 years spent in remand custody by the applicant shall be factored into his sentence, subject to confirmation from the trial court's file that he was not released on bond.
Full Case Text
Judgment text and source record
19 paragraphs
Msituni v Office of the Director of Public Prosecution (Miscellaneous Criminal Application E202 of 2022) [2023] KEHC 1992 (KLR) (3 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1992 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E202 of 2022
A. Ong’injo, J
March 3, 2023
Between
Jacob Juma Msituni
Applicant
and
Office Of The Director Of Public Prosecution
Respondent
Ruling
1. The Applicant Jacob Juma Msituni was convicted for the offence of murder in Mombasa HC CR No 10 of 2008 and sentenced to serve 40 years years.
2. The Applicant now seek that the court be pleased to award a lenient definite sentence and to invoke the provisions of Section 333(2) of the Criminal Procedure Code and Order that the 4 years he spent in remand custody be factored in his sentence.
3. The Applicant was arraigned in court in 2008 and was convicted on March 12, 2012 and sentenced on March 13, 2012.
4. The applicant is entitled to the period spent in remand custody subject to confirmation from the trial courts file that he was not released on bond.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 3RD DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel – Court AssistantApplicant – Present in personMr. Ngiri for Respondent