[2023] KEHC 1991 (KLR)
The court held that the applicants were entitled to have the 6 months they spent in remand custody deducted from their 30-year sentence, as mandated by section 333(2) of the Criminal Procedure Code. The judge found that the applicants were in remand from December 17, 2012, to June 20, 2013, before being released on...
Source-derived case information.
- Citation
- [2023] KEHC 1991 (KLR)
- Parties
- Applicant: Karisa Katana Pola; Applicant: Kahindi Katana Pola; Applicant: Mwalimu Katana Pola; Applicant: Kenga Katana Pola; Respondent: Office Of The Director Of Public Prosecution
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E089 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Computation
- Outcome
- Application allowed. The period of 6 months spent in remand custody to be deducted from the applicants' sentence.
- Judges
- A. Ong’injo
- Legal Topics
- Sentence Computation, Remand Period Deduction, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karisa Katana Pola
Applicant
Kahindi Katana Pola
Applicant
Mwalimu Katana Pola
Applicant
Kenga Katana Pola
Applicant
Office Of The Director Of Public Prosecution
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Computation
Legal Issues
- 1 Whether the period spent in remand custody should be deducted from the applicants' sentence as per section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that the applicants were entitled to have the 6 months they spent in remand custody deducted from their 30-year sentence, as mandated by section 333(2) of the Criminal Procedure Code. The judge found that the applicants were in remand from December 17, 2012, to June 20, 2013, before being released on bond. The court ordered that the period of 6 months be factored into the computation of their sentence, thereby reducing the effective term of imprisonment accordingly.
Court Disposition
Application allowed. The period of 6 months spent in remand custody to be deducted from the applicants' sentence.
Orders
- The period of 6 months spent in remand custody by the applicants shall be deducted from their 30-year sentence pursuant to section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
24 paragraphs
Pola & 3 others v Office of the Director of Public Prosecution (Miscellaneous Criminal Application E089 of 2022) [2023] KEHC 1991 (KLR) (3 March 2023) (Ruling)
Neutral citation: [2023] KEHC 1991 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E089 of 2022
A. Ong’injo, J
March 3, 2023
Between
Karisa Katana Pola
1st Applicant
Kahindi Katana Pola
2nd Applicant
Mwalimu Katana Pola
3rd Applicant
Kenga Katana Pola
4th Applicant
and
Office Of The Director Of Public Prosecution
Respondent
Ruling
1. The Applicants Karisa Katana Pola, Katunda Katana Pola, Mwalimu Katana Pola and Kenga Katana Pola were found guilty and convicted in Mombasa High Court Cr. Case No. 73 of 2012 with the offence of Murder. They were sentenced to serve life imprisonment.
2. The Applicants appeal in Mombasa Court of Appeal CR. Appeal No. 6 of 2019 the conviction was upheld and sentenced substituted to 30 years imprisonment from May 4, 2018 when they were convicted by the trial court. The applicant now seek that their remand period be factored in ther sentence.
3. The Applicants were arraigned in court on December 17, 2012 and their bonds were approved on June 20, 2013. The applicants were therefore in remand custody for 6 months before they were released on bond. The period of 6 months should be deducted from their sentence of 30 years pursunt to section 333(2) of theCriminal Procedure Code.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 3RD DAY OF MARCH 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel – Court AssistantApplicant – Present in personMr. Ngiri for Respondent