[2019] KEHC 11265 (KLR)
The High Court found that the trial magistrate had expressly considered the one year the Applicant spent in remand custody when passing sentence. The trial court stated it would have imposed a sentence of three and a half years but reduced it to two and a half years to account for the remand period. Therefore, the...
Source-derived case information.
- Citation
- [2019] KEHC 11265 (KLR)
- Parties
- Applicant: Susan Nyamboke Magangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 812 of 2018
- Procedural Posture
- Criminal Revision / Ruling on Application for Consideration of Remand Period
- Outcome
- application dismissed
- Judges
- LK Kimaru
- Legal Topics
- Sentencing, Remand Custody, Child Stealing, Plea Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Nyamboke Magangi
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Consideration of Remand Period
Legal Issues
- 1 Whether the trial court considered the period the Applicant spent in remand custody when passing sentence.
- 2 Whether the Applicant is entitled to further reduction of her sentence on account of time spent in remand custody.
Ratio Decidendi
The High Court found that the trial magistrate had expressly considered the one year the Applicant spent in remand custody when passing sentence. The trial court stated it would have imposed a sentence of three and a half years but reduced it to two and a half years to account for the remand period. Therefore, the Applicant's complaint that the remand period was not considered was unfounded, and there was no basis for further reduction of the sentence. The application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The Applicant's application dated 13th September 2018 is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL DIVISION
CRIMINAL REVISION NO.812 0F 2018
SUSAN NYAMBOKE MAGANGI.............APPLICANT
VERSUS
REPUBLIC...............................................RESPONDENT
RULING
The Applicant, Susan Nyamboke Magangi was charged with the offence of child stealing contrary to Section 174(1)(a) of the Penal Code. The particulars of the offence were that on 9th April 2017 at Tushauriane area, Kayole Estate, Embakasi within Nairobi County, the Applicant forcefully took VN, a child aged three and a half (31/2) years with the intent to deprive EWW, the parent who had lawful care and custody of the said VN. The Applicant pleaded not guilty to the charge, but later, through a plea agreement admitted to having committed the offence. She was sentenced to serve two and a half(21/2) years imprisonment on 26th June 2018.
The Applicant filed an application to this court seeking to have the period that he was in remand custody taken into consideration. It was common ground that the Applicant was in custody for a period of one (1) year before her conviction. On perusal of the proceedings of the trial magistrate, it was clear to this court that the court took into consideration this period when it sentenced the Applicant. The trial court explained that it would have sentenced the Applicant to serve a period of three and a half (31/2) years imprisonment. However, the trial court took into account the period of one (1) year that the Applicant was in remand custody.
This court therefore finds no merit with the Applicant’s complaint which was to the effect that the period that she was in remand custody before her conviction and sentence was not taken into account. In the premises therefore, the Applicant’s application dated 13th September 2018 lacks merit and is hereby dismissed. It is so ordered.
DATED AT NAIROBI THIS 20TH DAY OF FEBRUARY 2019
L. KIMARU
JUDGE