[2022] KEHC 11101 (KLR)
The court held that, in line with Section 333(2) of the Criminal Procedure Code, the applicant's sentence should be computed from the date of arrest, not merely from the date of sentencing. Since the applicant had already served the full term of imprisonment, including the period spent in custody before sentencing,...
Source-derived case information.
- Citation
- [2022] KEHC 11101 (KLR)
- Parties
- Applicant: Duke Yungo Nyabera; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E030 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released from custody
- Judges
- JN Kamau
- Legal Topics
- Burglary, Sentencing, Time Served, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duke Yungo Nyabera
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant's sentence should be recalculated to account for time spent in custody prior to sentencing.
- 2 Whether the applicant is entitled to immediate release based on the period already served.
Ratio Decidendi
The court held that, in line with Section 333(2) of the Criminal Procedure Code, the applicant's sentence should be computed from the date of arrest, not merely from the date of sentencing. Since the applicant had already served the full term of imprisonment, including the period spent in custody before sentencing, he was entitled to immediate release. The recommendation for a Community Service Order was rendered moot as the sentence had already been completed.
Court Disposition
application allowed; applicant released from custody
Orders
- The applicant is released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
16 paragraphs
Nyabera v Republic (Criminal Revision E030 of 2022) [2022] KEHC 11101 (KLR) (4 August 2022) (Ruling)
Neutral citation: [2022] KEHC 11101 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E030 of 2022
JN Kamau, J
August 4, 2022
Between
Duke Yungo Nyabera
Applicant
and
Republic
Respondent
Ruling
1. The Applicant was convicted on his own plea of guilty of the offence of burglary contrary to Section 279(b) of the Penal Code Cap 63 (Laws of Kenya). He was also charged with alternative charge of handling stolen property contrary to section 322(1) (2) of the Penal Code Cap 63 (Laws of Kenya). He was arrested on 28/7/2020 and arraigned in court on 30/7/2021. He was sentenced to serve three (3) years imprisonment on 23/2/2021. Taking into account the period from the date of his arrest to the day he was sentenced in line with Section 333(2) of the Criminal Procedure Code Cap 75 (Laws of Kenya), he ought to have completed his sentence on 23/7/2022 as he stayed in custody for seven (7) months. Although the Report of Ngetich Nicholas Kibet Probation Officer that was filed on 1/8/2022 recommends his release on Community Service Order at Kineni Chief’s Offices, the Applicant has already completed his sentence. It is hereby directed that the Applicant be and is hereby released from custody forthwith unless he be held for any other lawful cause. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 4TH AUGUST 2022J. KAMAUJUDGE