[2022] KEHC 12394 (KLR)
The court held that the period the applicant spent in custody between arrest and sentencing should be credited towards her sentence in accordance with section 333(2) of the Criminal Procedure Code. Furthermore, based on the probation officer's report recommending a non-custodial sentence, the court found it...
Source-derived case information.
- Citation
- [2022] KEHC 12394 (KLR)
- Parties
- Applicant: Nancy Mideva Tsimtori; Respondent: The Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E014 of 2022
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed. Applicant released from custody to serve community service order.
- Judges
- JN Kamau
- Legal Topics
- Obtaining Money by False Pretence, Sentencing, Credit for Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Mideva Tsimtori
Applicant
The 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 eligible for a non-custodial sentence based on the probation officer's report.
Ratio Decidendi
The court held that the period the applicant spent in custody between arrest and sentencing should be credited towards her sentence in accordance with section 333(2) of the Criminal Procedure Code. Furthermore, based on the probation officer's report recommending a non-custodial sentence, the court found it appropriate to release the applicant from custody and order her to serve a community service order at Ekerenyo Police Station until 9/1/2023.
Court Disposition
Application allowed. Applicant released from custody to serve community service order.
Orders
- The applicant is released from custody to serve community service order at Ekerenyo Police Station until 9/1/2023.
Full Case Text
Judgment text and source record
16 paragraphs
Tsimtori v Republic (Criminal Revision E014 of 2022) [2022] KEHC 12394 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12394 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E014 of 2022
JN Kamau, J
August 3, 2022
Between
Nancy Mideva Tsimtori
Applicant
and
The Republic
Respondent
Ruling
1. The Applicant was charged with two (2) counts of obtaining money by false pretence contrary to Section 313 of the Penal CodeCap 63 (Laws of Kenya). He was arraigned in court on 11/12/2020 having been arrested on 9/12/2020. He was convicted and fined Kshs. 100,000/= in default to serve three(3) years imprisonment on 27/7/2021. His early release date as per prison is 27/7/2023. The period from the date he was arrested and the date he was sentenced ought to be taken into account while computing his sentence as he was in custody during trial in line with section 333(2) of the Criminal Procedure Code Cap 75 (Laws of Kenya). The report of Edwin Kimaiyo Probation/community Service Officer that was filed on 1/8/2022 has recommended a non-custodial sentence. Accordingly, I hereby direct that the Applicant be released from custody to serve community service order at Ekerenyo Police Station until 9/1/2023. Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 3RD AUGUST 2022J. KAMAUJUDGE