[2017] KEHC 9737 (KLR)

[2017] KEHC 9737 (KLR)

The court found that the appellant had already spent 20 months in custody prior to being sentenced to six months imprisonment, resulting in a total custody period of 26 months if the sentence were served in full. This period exceeds the statutory maximum sentence of 24 months for the offence. The court martial failed to take into account the period spent in custody as required by Section 333 of the Criminal Procedure Code and the Sentencing Policy Guidelines. As a result, the sentence imposed was harsh and excessive, and the appeal is likely to succeed on this ground. The court therefore granted the application for bail pending appeal.

Citation
[2017] KEHC 9737 (KLR)
Parties
Appellant: Spte. Christopher Mutinda Katitu; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
22 November 2017
Case Number
Martial Appeal 8 of 2017
Procedural Posture
Criminal Appeal / Bail Pending Appeal Application
Outcome
application_allowed
Legal Topics
Bail Pending Appeal, Sentencing Policy Guidelines, Pre Sentence Custody, Excessive Sentence
Source Language
English
Criminal Law Civil Procedure Bail Pending Appeal Sentencing Policy Guidelines Pre Sentence Custody Excessive Sentence

Case Brief

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Parties

Spte. Christopher Mutinda Katitu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal Application

Legal Issues

  1. 1 Whether the appellant is entitled to bail pending appeal.
  2. 2 Whether the sentence imposed was harsh and excessive given the period already spent in custody.
  3. 3 Whether the court martial failed to consider the period spent in custody as required by law.

Ratio Decidendi

The court found that the appellant had already spent 20 months in custody prior to being sentenced to six months imprisonment, resulting in a total custody period of 26 months if the sentence were served in full. This period exceeds the statutory maximum sentence of 24 months for the offence. The court martial failed to take into account the period spent in custody as required by Section 333 of the Criminal Procedure Code and the Sentencing Policy Guidelines. As a result, the sentence imposed was harsh and excessive, and the appeal is likely to succeed on this ground. The court therefore granted the application for bail pending appeal.

Court Disposition

application_allowed

Orders

  • The appellant is admitted to a cash bail of Ksh. 20,000/-.
  • The appeal shall be listed for admission and a hearing date taken in the normal manner.