[2024] KEHC 12376 (KLR)
The court found that the trial court had expressly indicated the commencement date of the applicant's sentence as the date of taking plea, thereby factoring in the period spent in remand custody. Since the record showed clear consideration of the remand period, the application for sentence review lacked merit and...
Source-derived case information.
- Citation
- [2024] KEHC 12376 (KLR)
- Parties
- Applicant: Kennedy Wafula; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 259 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Sentence Review Application
- Outcome
- application dismissed
- Judges
- DR Kavedza
- Legal Topics
- Sentencing Principles, Remand Custody Credit, Narcotic Drugs Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Wafula
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Sentence Review Application
Legal Issues
- 1 Whether the trial court considered the time the applicant spent in remand custody when computing the sentence.
Ratio Decidendi
The court found that the trial court had expressly indicated the commencement date of the applicant's sentence as the date of taking plea, thereby factoring in the period spent in remand custody. Since the record showed clear consideration of the remand period, the application for sentence review lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application for sentence review is dismissed for lack of merit.
Full Case Text
Judgment text and source record
22 paragraphs
Wafula v Republic (Criminal Revision 259 of 2024) [2024] KEHC 12376 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12376 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Revision 259 of 2024
DR Kavedza, J
October 15, 2024
Between
Kennedy Wafula
Applicant
and
Republic
Respondent
Ruling
1. The applicant was charged and convicted for the offence of trafficking in Narcotic Drugs contrary to section 4(a) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994. He was sentenced to serve four (4) years imprisonment. The sentence was to run from 16th May 2023.
2. He filed the present application seeking sentence review. The arguments raised are that the trial court failed to consider the time he spent in remand custody during the computation of sentence.
3. I have considered the application, the affidavit in support and the applicable law. I have also considered the trial court record. The issue for consideration is whether the trial court considered the time the applicant spent in remand custody.
4. The proviso to section 333 (2) of the Criminal Procedure Code obligates the court to take into account the time already spent in custody. The duty to take in account the period an accused person had remained in custody in sentencing under the proviso to section 333(2) of the Criminal Procedure Code which is couched in mandatory terms was acknowledged by the Court of Appeal in Ahamad Abolfathi Mohammed & Another vs. Republic [2018] eKLR and Bethwel Wilson Kibor vs. Republic [2009] eKLR and more recently in the High Court case of Vincent Sila Jona & 87 others vs Kenya Prison Service & 2 others [2021] eKLR.
5. It is therefore clear that it is mandatory that the period which an accused has been held in custody prior to being sentenced be taken into account in meting out the sentence where it is not hindered by other provisions of the law.
6. From the record, the trial court indicated when the sentence should start running in very clear terms which was when taking plea. As such, the period was taken into consideration. The period was therefore factored into during his sentencing.
7. I thus dismiss the application for lacking in merit.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 15TH OCTOBER 2024. ............................D. KAVEDZAJUDGE