[2020] KEHC 5237 (KLR)

[2020] KEHC 5237 (KLR)

The court found that the trial court failed to consider the period the applicant had spent in remand custody as required by Section 333 of the Criminal Procedure Code. The High Court revised the sentence to three years imprisonment effective from the date the applicant first appeared in court, 6th March 2017. In...

Source-derived case information.

Citation
[2020] KEHC 5237 (KLR)
Parties
Respondent: Republic; Applicant: Kevin Anzenze
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Criminal Revision 196 of 2019
Procedural Posture
Criminal Revision / Ruling
Outcome
application allowed; sentence revised; applicant released unless otherwise lawfully held
Judges
J Wakiaga
Legal Topics
Sentencing, Remand Periods, Criminal Revision, Covid19 Release
Source Language
en
Criminal Law Sentencing Remand Periods Criminal Revision Covid19 Release

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Summary, issues, holding and outcome

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Parties

Republic

Respondent

Kevin Anzenze

Applicant

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the trial court erred by failing to consider the period the applicant spent in remand under Section 333 of the Criminal Procedure Code.
  2. 2 Whether the applicant is entitled to a revision of sentence in light of time already served and the Covid-19 pandemic.

Ratio Decidendi

The court found that the trial court failed to consider the period the applicant had spent in remand custody as required by Section 333 of the Criminal Procedure Code. The High Court revised the sentence to three years imprisonment effective from the date the applicant first appeared in court, 6th March 2017. In view of the Covid-19 pandemic and the period already served, the court ordered the applicant's immediate release unless otherwise lawfully held, substituting the original sentence with the period already served.

Court Disposition

application allowed; sentence revised; applicant released unless otherwise lawfully held

Orders

  • The application is allowed.
  • The trial court's judgment is revised to three years imprisonment with effect from 6/3/2017.