[2013] KEHC 852 (KLR)
The court found that the appellant had been in custody from the date of arrest through trial and after sentencing, amounting to a significant period already served. Considering the submissions and the time spent in custody, the court determined that the sentence already served was sufficient punishment for the...
Source-derived case information.
- Citation
- [2013] KEHC 852 (KLR)
- Parties
- Appellant: Vincent Muchawia August; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 195 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed_in_part
- Judges
- MM Kasango
- Legal Topics
- Sentencing Principles, Conspiracy to Commit Felony, Custodial Sentence, Time Served
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Muchawia August
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant was appropriate considering the period already spent in custody.
Ratio Decidendi
The court found that the appellant had been in custody from the date of arrest through trial and after sentencing, amounting to a significant period already served. Considering the submissions and the time spent in custody, the court determined that the sentence already served was sufficient punishment for the offence. The appeal against sentence was therefore allowed, and the appellant was ordered to be released unless otherwise lawfully held.
Court Disposition
appeal_allowed_in_part
Orders
- The appellant's sentence is reduced to the period already served.
- The appellant is to be set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
APPELLATE SIDE
CRIMINAL APPEAL NO. 195 OF 2012
(From Original Conviction and Sentence in Criminal Case No. 109 of 2011 of the Senior Principal Magistrate’s Court at Voi – S. M. Wahome, PM)
VINCENT MUCHAWIA AUGUST …….……………………. APPELLANT
- Versus -
REPUBLIC ……………..………………....……………… RESPONDENT
JUDGMENT
The Appellant after trial before the Magistrate's Court was on 23rd December 2011 convicted of the offence of conspiracy to commit a felony contrary to Section 393 of the Penal Code. He was sentenced to five years imprisonment. He has presented an appeal against both the conviction and sentence but at the hearing he abandoned his appeal against conviction but presented his appeal against sentence.
I have noted that the Appellant was apprehended on 20th March 2011 and remained in custody through out the duration of his trial. He was finally sentenced as stated for five years imprisonment. He was sentenced on 23rd December 2011. He has been in custody since his sentence for two years and eight months.
In my judgment I have considered the submissions of the Appellant and I have considered the period he has been in custody. Having done so I find that the information before me is sufficient to allow the appeal against sentence.
An order is hereby issued that the Appellant's sentence shall be for a period already served. I order the Appellant to be set free unless otherwise lawfully held.
Dated and delivered at Mombasa this 26th day of November, 2013.
MARY KASANGO
JUDGE