[2024] KEHC 1075 (KLR)
The High Court found that the trial court had already taken into account the period the applicant spent in remand custody when imposing the sentence. Therefore, there was no basis to order that the sentence should run from the date of arrest. The application for revision lacked merit and was dismissed accordingly.
Source-derived case information.
- Citation
- [2024] KEHC 1075 (KLR)
- Parties
- Applicant: Kenneth Ngugi Njambi; Applicant: Peter Musyoki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 155 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Computation
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Robbery With Violence, Sentencing Principles, Remand Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenneth Ngugi Njambi
Applicant
Peter Musyoki
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Computation
Legal Issues
- 1 Whether the applicant is entitled to have his sentence run from the date of arrest rather than the date of conviction.
- 2 Whether the trial court considered the period spent in remand custody during sentencing.
Ratio Decidendi
The High Court found that the trial court had already taken into account the period the applicant spent in remand custody when imposing the sentence. Therefore, there was no basis to order that the sentence should run from the date of arrest. The application for revision lacked merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application for the sentence to run from the date of arrest is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
Njambi & another v Republic (Criminal Revision 155 of 2019) [2024] KEHC 1075 (KLR) (Crim) (5 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1075 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision 155 of 2019
LN Mutende, J
February 5, 2024
Between
Kenneth Ngugi Njambi
1st Applicant
Peter Musyoki
2nd Applicant
and
Republic
Respondent
Ruling
1. Kenneth Ngugi Njambi was arraigned, charged, tried and convicted for the offence of robbery with violence contrary to Section 295 as read with Section 296(2) of the Penal Code.
2. Following the conviction, he was sentenced to serve ten (10) years imprisonment on 5th March, 2019.
3. Through a Notice of Motion dated 3rd June, 2019, the applicant seeks an order directing the sentence to run from the date of arrest.
4. I have perused the record of the Lower Court. It is apparent that the trial court took into account the period he spent in remand custody.
5. In the result, the application lacks merit. Accordingly it is dismissed.
6. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS AT NAIROBI, THIS 5TH DAY OF FEBRUARY, 2024. L. N. MUTENDEJUDGEIn The Presence of:Court Assistant: Habiba/HadijaNo appearance for the 1st ApplicantNo appearance for 2nd ApplicantMs Tumaini Wafula for the Respondent/ODPP