[2023] KEHC 19036 (KLR)

[2023] KEHC 19036 (KLR)

The court, after considering the accused's mitigation and the circumstances of the case, determined that a custodial sentence was appropriate. In compliance with Section 333(2) of the Criminal Procedure Code, the court deducted the six years the accused spent in remand custody from the total sentence of ten years'...

Source-derived case information.

Citation
[2023] KEHC 19036 (KLR)
Parties
Applicant: Republic; Defendant: Kahindi Katana Charo
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Criminal Case 16 of 2014
Procedural Posture
Criminal Case / Sentencing Order
Outcome
Accused sentenced to 10 years imprisonment less 6 years spent in remand custody.
Judges
A. Ong’injo
Legal Topics
Sentencing, Remand Custody Deduction
Source Language
en
Criminal Law Sentencing Remand Custody Deduction

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Parties

Republic

Applicant

Kahindi Katana Charo

Defendant

Procedural Posture

Criminal Case / Sentencing Order

Legal Issues

  1. 1 Whether the period spent in remand custody should be deducted from the sentence imposed on the accused.
  2. 2 What is the appropriate sentence for the accused considering mitigation and circumstances of the case.

Ratio Decidendi

The court, after considering the accused's mitigation and the circumstances of the case, determined that a custodial sentence was appropriate. In compliance with Section 333(2) of the Criminal Procedure Code, the court deducted the six years the accused spent in remand custody from the total sentence of ten years' imprisonment, resulting in a net custodial sentence of four years. The court thereby ensured that the accused was not punished twice for the period already served while awaiting trial.

Court Disposition

Accused sentenced to 10 years imprisonment less 6 years spent in remand custody.

Orders

  • The accused is sentenced to 10 years imprisonment less 6 years spent in remand custody between May 8, 2014 and May 26, 2020.
  • Right of appeal explained; 14 days from the date of the order.