[2022] KEHC 10973 (KLR)
The court held that, in accordance with Section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to conviction and sentencing must be considered in determining the total sentence served. The applicant had spent five months and twelve days in custody before being sentenced and...
Source-derived case information.
- Citation
- [2022] KEHC 10973 (KLR)
- Parties
- Applicant: Joshua Situma; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E075 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application allowed; applicant released from custody
- Judges
- JN Kamau
- Legal Topics
- Burglary, Stealing, Handling Stolen Property, Sentencing, Pretrial Custody, Community Service Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Situma
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the period spent in custody prior to sentencing should be considered in computing the applicant's sentence.
- 2 Whether the applicant is entitled to immediate release based on time already served.
Ratio Decidendi
The court held that, in accordance with Section 333(2) of the Criminal Procedure Code, the period the applicant spent in custody prior to conviction and sentencing must be considered in determining the total sentence served. The applicant had spent five months and twelve days in custody before being sentenced and had served an additional eight months in prison. After reviewing the prison records and the probation report, the court found that the applicant had already completed his sentence when the pre-sentence custody was factored in. Consequently, the court ordered the applicant's immediate release unless held for another lawful cause.
Court Disposition
application allowed; applicant released from custody
Orders
- The applicant is to be released from custody forthwith unless held for any other lawful cause.
Full Case Text
Judgment text and source record
17 paragraphs
Situma v Republic (Criminal Revision E075 of 2022) [2022] KEHC 10973 (KLR) (1 August 2022) (Ruling)
Neutral citation: [2022] KEHC 10973 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Revision E075 of 2022
JN Kamau, J
August 1, 2022
Originally CR CASE NO E1963 OF 2021
Between
Joshua Situma
Applicant
and
Republic
Respondent
Ruling
1. The Applicant and his co-Accused were charged with the offence of burglary contrary to Section 304 (2) and Stealing contrary to Section 279 (b) of thePenal Code Cap 63 (Laws of Kenya). They were also charged with an alternative charge of handling stolen property contrary to Section 322 (1) (2) of the Penal Code. They were arrested on 20/6/2021 and were admitted to bail on 29/6/2021. The Applicant herein was fined ksh.60,000/= or in default to serve eighteen (18) months imprisonment on 2/11/2021. The earliest date given by the Prisons is 2/11/2022. He has so far spent eight (8) months in prison. He spent five (5) months twelve (12) days in custody before he was convicted and sentenced. The Report by Joyce Achieng Adhiambo Probation/Community Service Officer filed on 29/7/2022 recommends that the Applicant serves Community Service Order at Namirana Primary School. According to the Prisons, the Applicant has three (3) months left. However, taking into account the period the Applicant spent in custody in line with Section 333 (2) of the Procedure Code Cap 75 (Laws of Kenya), he has already completed his sentence. It is hereby directed that the Applicant be and is hereby released from custody forthwith unless he be held for any other lawful cause.Orders accordingly.
DATED AND DELIVERED AT BUSIA ON THIS 1ST DAY OF AUGUST 2022. J. KAMAUJUDGE