[2024] KEHC 6931 (KLR)
The court found that the trial court failed to consider the period the applicant was in custody during trial, as mandated by Section 333(2) of the Criminal Procedure Code. Upon review, and with no objection from the State, the High Court exercised its revisionary jurisdiction to order that the applicant's ten-year...
Source-derived case information.
- Citation
- [2024] KEHC 6931 (KLR)
- Parties
- Applicant: Paul Mwawaza Mwasi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Revision E005 of 2024
- Procedural Posture
- Miscellaneous Criminal Revision / Ruling
- Outcome
- application allowed
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Computation, Pretrial Custody Credit, Sexual Offences, Criminal Revision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Mwawaza Mwasi
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Revision / Ruling
Legal Issues
- 1 Whether the period the applicant spent in custody during trial should be considered in computing his sentence.
- 2 Whether the trial court erred by not factoring in the pre-sentence custody period as required by law.
Ratio Decidendi
The court found that the trial court failed to consider the period the applicant was in custody during trial, as mandated by Section 333(2) of the Criminal Procedure Code. Upon review, and with no objection from the State, the High Court exercised its revisionary jurisdiction to order that the applicant's ten-year sentence should be computed from the date of his arrest, thereby crediting him for the time already spent in custody prior to sentencing. This ensures compliance with statutory requirements and fairness in sentencing.
Court Disposition
application allowed
Orders
- The applicant's ten-year prison sentence imposed on 3rd October 2017 shall now run from 13th September 2016, the date of his arrest.
Full Case Text
Judgment text and source record
20 paragraphs
Mwasi v Republic (Miscellaneous Criminal Revision E005 of 2024) [2024] KEHC 6931 (KLR) (27 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6931 (KLR)
Republic of Kenya
In the High Court at Voi
Miscellaneous Criminal Revision E005 of 2024
GMA Dulu, J
May 27, 2024
Between
Paul Mwawaza Mwasi
Applicant
and
Republic
Respondent
Ruling
1. In this criminal matter the applicant having been convicted of sexual assault contrary to Section 5(1)(a)(i) as read with Section 5(2) of the Sexual Offences Act No. 3 of 2006, was sentenced to ten (10) years imprisonment.
2. He has now come to this court seeking that the period he was in custody during trial be computed in his person sentence.
3. The learned Prosecuting Counsel Mr. Sirima, on his part, has submitted that he has no objection to the request of the applicant, and clarified that the applicant was in custody for 1 year and 3 days from 13th September 2017 to 3rd October 2018. The State was thus agreeable that the prison sentence be so reduced.
4. On my part, having perused the record of the trial court, I am of the view that the trial court did not take into account the period during trial that the applicant was in custody as required under Section 333(2) of the Criminal Procedure Code (Cap.75).
5. Consequently, I allow the request and exercise this court’s review powers under Section 362, 363 and 364 of the Criminal Procedure Code, and order that the prison sentence of the applicant/convict of 10 years imprisonment, imposed on 3rd October 2017, and which was upheld by the High Court in Voi High Court Criminal Appeal No. 86 of 2017, will now run from 13th September 2016 when he was arrested.
DATED, SIGNED AND DELIVERED THIS 27TH DAY OF MAY 2024 IN OPEN COURT AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred/Trizah – Court AssistantsApplicant in personMr. Sirima for the State