[2021] KEHC 3148 (KLR)
The court found that the applicant was in remand custody for thirteen months prior to his conviction and that this period was not considered by the trial court when passing sentence. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody before conviction should be taken into account...
Source-derived case information.
- Citation
- [2021] KEHC 3148 (KLR)
- Parties
- Applicant: Ramadhan Ekai Ereng; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 32 (E032) of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Computation
- Outcome
- application allowed in part; sentence reduced to account for remand period
- Judges
- LK Kimaru
- Legal Topics
- Sentencing, Remand Custody Credit, Sexual Offences, Sentence Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Ekai Ereng
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Computation
Legal Issues
- 1 Whether the period the applicant spent in remand custody prior to conviction should be taken into account in computing his sentence.
- 2 Whether the trial court failed to comply with Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was in remand custody for thirteen months prior to his conviction and that this period was not considered by the trial court when passing sentence. Section 333(2) of the Criminal Procedure Code mandates that any period spent in custody before conviction should be taken into account when sentencing. The court therefore held that the applicant's sentence should be reduced by the period he spent in remand custody, resulting in a revised custodial sentence.
Court Disposition
application allowed in part; sentence reduced to account for remand period
Orders
- The custodial sentence imposed on the applicant is reduced by thirteen (13) months to account for the period spent in remand custody.
- The applicant will serve a sentence of eight (8) years and eleven (11) months with effect from 20th November 2019.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
MISC. CRIMINAL APPLICATION NO. 32 (E032) OF 2021
RAMADHAN EKAI ERENG.........................................................................APPLICANT
VERSUS
REPUBLIC...................................................................................................RESPONDENT
RULING
The Applicant, Ramadhan Ekai Ereng was charged and convicted of the offence of attempted defilement contrary to Section 4of the Sexual Offences Act. He was sentenced to serve ten (10) years imprisonment on 20th November 2019. The Applicant has made an application to this court to have the period that he was in remand custody prior to his conviction taken into account.
This court has perused the trial Magistrate’s court’s proceedings. The Applicant was arraigned before the court on 11th October 2018. He was not released on bond during the entire period of his trial. He was thus in remand custody prior to his conviction by the trial court. This was a period of thirteen (13) months. It was clear to the court that the period was not taken into account as requires under Section 333(2) of the Criminal Procedure Code.
In the premises therefore this court shall take the said period into account. The custodial sentence imposed on the Applicant is therefore reduced by the said period of thirteen (13) months. The Applicant will therefore serve a sentence of Eight (8) years and eleven (11) months with effect for 20th November 2019 when he was sentenced by the trial court. It is so ordered.
DATED AT KITALE THIS 7TH DAY OF OCTOBER 2021.
L. KIMARU
JUDGE