[2024] KEHC 12969 (KLR)
The court held that, pursuant to section 333(2) of the Criminal Procedure Code, the period of 20 years imprisonment imposed on the applicant must take into account the time spent in custody prior to conviction. Specifically, the sentence begins on the date of arrest (17/12/2012) for the 123 days the applicant was in...
Source-derived case information.
- Citation
- [2024] KEHC 12969 (KLR)
- Parties
- Applicant: Linus Theuri Ndung’U; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Petition E008 of 2023
- Procedural Posture
- Criminal Petition / Application for Review of Sentence Commencement Date
- Outcome
- Application for review allowed; sentence commencement clarified.
- Judges
- DKN Magare
- Legal Topics
- Sentencing Commencement, Time Spent in Custody, Section 333 2 Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linus Theuri Ndung’U
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Application for Review of Sentence Commencement Date
Legal Issues
- 1 Whether the period of 20 years imprisonment should commence from the date of arrest, conviction, or sentencing.
- 2 Whether the period spent in custody prior to conviction should be considered in computing the sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that, pursuant to section 333(2) of the Criminal Procedure Code, the period of 20 years imprisonment imposed on the applicant must take into account the time spent in custody prior to conviction. Specifically, the sentence begins on the date of arrest (17/12/2012) for the 123 days the applicant was in custody before being released on bond. The period when the applicant was on bond (18/4/2013 to 10/10/2018) is excluded from the computation. The sentence then recommences from the date of conviction (11/10/2018) when the applicant was remanded in prison custody. This approach ensures compliance with the statutory requirement to consider time already served in custody and...
Court Disposition
Application for review allowed; sentence commencement clarified.
Orders
- The sentence of 20 years shall begin on the day of arrest for 123 days, is suspended during the period on bond, and recommences on 11/10/2018 upon conviction.
- The days on bond between 18/4/2013 and 10/10/2018 are excluded in counting days in custody.
Full Case Text
Judgment text and source record
21 paragraphs
Ndung’u v Republic (Criminal Petition E008 of 2023) [2024] KEHC 12969 (KLR) (23 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12969 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Petition E008 of 2023
DKN Magare, J
October 23, 2024
Between
Linus Theuri Ndung’U
Petitioner
and
Republic
Respondent
Ruling
1. This is an application for Review of the Judgment of this court to indicate from when does the period of 20 years start.
2. Section 333(2) provides for the period in custody to be taken into consideration. The judgment delivered on 9/10/2020 did not indicate the commencement date of the sentence. The question then is whether the period starts on 9/10/2020, on the date of conviction or the date of arrest on 17/12/2012.
3. In respect thereof, the law is now settled. The state equally did not oppose but requested that the court refers to the record. The record indicates as follows:- The appellant was arrested on 17/12/2012 and released on bond on 18/4/2013, a period of 123 days.
The Appellant was convicted on 11/10/2018 and remained in prison custody.
4. The sentence of 20 years shall begin on the day of arrest for 123 days. It then recommences on 11/10/2018 upon conviction. The days on bond being 18/4/2013 up to 10/10/2018 are excluded in counting days in custody.
5. It is so ordered.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 23RD DAY OF OCTOBER, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Mr. Mwakio for StateApplicant – presentCpl. Shaddrack Kioko at Embu GK PrisonCourt Assistant – Jedidah