[2020] KEHC 7587 (KLR)
The court found that the appellant was entitled to have the period spent in pre-trial custody taken into account in the computation of his sentence, as mandated by section 333(2) of the Criminal Procedure Code. The record showed that the appellant was remanded from 10th May 2016 until the conclusion of the trial on...
Source-derived case information.
- Citation
- [2020] KEHC 7587 (KLR)
- Parties
- Appellant: Samuel Kibet Bonde; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 27 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Sentence Revision Application
- Outcome
- Application allowed. Sentence to commence from date of first remand.
- Judges
- EM Muriithi
- Legal Topics
- Sentencing, Pre Trial Detention Credit, Sexual Offences, Indecent Act With Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Kibet Bonde
Appellant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Sentence Revision Application
Legal Issues
- 1 Whether the appellant is entitled to have the period spent in pre-trial remand custody deducted from his sentence under section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentence of imprisonment should be deemed to commence from the date of first remand.
Ratio Decidendi
The court found that the appellant was entitled to have the period spent in pre-trial custody taken into account in the computation of his sentence, as mandated by section 333(2) of the Criminal Procedure Code. The record showed that the appellant was remanded from 10th May 2016 until the conclusion of the trial on 10th July 2017, amounting to 1 year and 2 months in pre-trial detention. The court therefore ordered that the appellant's 10-year sentence for indecent act with a child should be deemed to commence from 10th May 2016, the date he was first remanded, thereby ensuring compliance with statutory requirements regarding sentencing and pre-trial detention credit.
Court Disposition
Application allowed. Sentence to commence from date of first remand.
Orders
- The appellant's sentence of imprisonment for ten (10) years shall commence on 10th May 2016, the date he was first remanded to await trial.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KABARNET
MISC. CRIMINAL APPLICATION NO. 27 OF 2019
SAMUEL KIBET BONDE...............................................................APPELLANT
VERSUS
REPUBLIC.....................................................................................RESPONDENT
[An appeal from the original conviction and sentence of the Principal Magistrate’s Court
at Kabarnet Cr. Case no. 483 of 2016 delivered on the 10th day of July, 2017
by Hon. J. L. Tamar, PM]
RULING
1. By Notice of Motion dated 18th October 2019, the appellant principally petitions the court as follows:
“The Honourable court be pleased to order that my 10 years sentence be made to begin from the first day that I was arraigned before the court and include the period spent in remand custody as under section 333 (2) of the Criminal Procedure Code.”
2. The appellant was on 19th June 2019 convicted and sentenced to serve imprisonment for ten (10) years by this court for the offence of indecent act with child contrary to section 11(1) of the sexual Offences Act, which had been charged as an alternative charge to the offence of incest by a male contrary section 20 (1) of the Sexual Offences Act conviction for which was quashed on appeal and the sentence of imprisonment for twenty (20) years imposed by the trial court.
3. The DPP does not oppose the application for revising the sentence of imprisonment to commence or take into account the period of 1 year two months before the conclusion of the trial.
4. The court has perused the trial court record which shows that the appellant was charged before the court and remanded in custody to await his trial on 10th May 2016 and that the trial concluded with the sentence of the trial court on 10th July 2017, making a period of pre-trial detention of 1 year 2 months.
5. Section 333 (2) Proviso of the Criminal Procedure Code provides that in considering a sentence of imprisonment the court shall take into account any period of the accused’s pre-trial detention as follows:
“(2) Subject to the provisions of section 38 of the Penal Code every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.
Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.”
Order
6. Accordingly, pursuant to section 333(2) of the Criminal Procedure Code, the appellant’s sentence of imprisonment for ten (10) years passed by this court on 19th June 2019 for the alternative charge of indecent act with child contrary to section 11 (1) of the Sexual Offences Act, shall commence on 10th May 2016 when he appellant was first remanded to await his trial.
Order accordingly.
DATED AND DELIVERED THIS 27TH DAY OF FEBRUAY 2020.
EDWARD M. MURIITHI
JUDGE
Appearances:
Appellant in person.
Ms. Muriu, Prosecution Counsel for the Respondent.