[2022] KEHC 11416 (KLR)
The court held that since the applicant's death sentence had been reduced to a definite prison term, section 333(2) of the Criminal Procedure Code was applicable. However, before making a final order, the court required the trial court file to confirm whether the remand period had already been considered at...
Source-derived case information.
- Citation
- [2022] KEHC 11416 (KLR)
- Parties
- Applicant: Michael Mulama alias Bahati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 99 of 2019
- Procedural Posture
- Miscellaneous Criminal Case / Ruling on Application for Consideration of Remand Period Under Section 333 of the Criminal Procedure Code
- Outcome
- Interim orders; final determination deferred pending receipt of trial court record.
- Judges
- WM Musyoka
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Application of Section 333, Robbery With Violence, Death Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mulama alias Bahati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Case / Ruling on Application for Consideration of Remand Period Under Section 333 of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent by the applicant in remand custody should be considered in computing his prison sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court had already taken into account the remand period at sentencing.
Ratio Decidendi
The court held that since the applicant's death sentence had been reduced to a definite prison term, section 333(2) of the Criminal Procedure Code was applicable. However, before making a final order, the court required the trial court file to confirm whether the remand period had already been considered at sentencing. The Deputy Registrar was directed to call for the trial court records, and the matter was set for mention after the records were availed.
Court Disposition
Interim orders; final determination deferred pending receipt of trial court record.
Orders
- The Deputy Registrar is directed to call for the trial court records and place them together with this file.
- The matter shall be mentioned on a date to be allocated at the delivery of this ruling.
Full Case Text
Judgment text and source record
19 paragraphs
Mulama v Republic (Miscellaneous Criminal Case 99 of 2019) [2022] KEHC 11416 (KLR) (29 July 2022) (Ruling)
Neutral citation: [2022] KEHC 11416 (KLR)
Republic of Kenya
In the High Court at Kakamega
Miscellaneous Criminal Case 99 of 2019
WM Musyoka, J
July 29, 2022
Between
Michael Mulama
Applicant
and
Republic
Respondent
Ruling
1. The applicant had been convicted in Kakamega CMCCRC No. 1550 of 2009, of robbery with violence, contrary to section 296(2) of the Penal Code, Cap 63, Laws of Kenya. He filed appeals in Kakamega HCCRA No. 242 of 2010 and Kisumu CACRA No. 43 of 2014, where the conviction and sentence were upheld. He subsequently benefitted from Francis Karioko Muruatetu & another vs. Republic[2017] eKLR (Maraga CJ & P, Mwilu DCJ &VP, Ojwang, Wanjala, Njoki and Lenaola SCJJ), where, in Kakamega HC Petition No. 31 of 2018, the death sentence was reduced to seventeen years in prison.
2. The instant application seeks to have the time he spent in remand custody to be reckoned in calculating the entire period he should spent in prison. He cites section 333 of the Criminal Procedure Code, Cap 75, Laws of Kenya.
3. As the death sentence has been reduced into a definite prison sentence, section 333 of the Criminal Procedure Code can be applied. To enable me make appropriate orders, I will need to have before me the trial court file, to confirm whether or not the trial court had applied that provision at sentencing. Consequently, I direct the Deputy Registrar to call for the trial court records, and have them placed together with this file. The matter shall be mentioned on a date that I shall allocate at the delivery of this ruling.
4. For the record, this is one of the matters that F. Amin J was handling. It was due for judgment on 25th May 2022. It was handed over to me on 16th June 2022.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA ON THIS 29TH DAY OF JULY 2022WM MUSYOKAJUDGEErick Zalo, Court Assistant.Michael Mulama alias Bahati, the applicant, in person.Ms. Kagai, instructed by the Director of Public Prosecutions, for the respondent.