[2024] KEHC 6188 (KLR)
The trial court failed to comply with section 333(2) of the Criminal Procedure Code by not factoring in the period the applicant spent in custody prior to sentencing. The applicant was in custody from 3rd November 2021 until 13th April 2022, as his bail/bond was not processed. The High Court, exercising its...
Source-derived case information.
- Citation
- [2024] KEHC 6188 (KLR)
- Parties
- Applicant: Linus Ouma Wambani; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E029 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Sentence Review
- Outcome
- application_allowed
- Judges
- WM Musyoka
- Legal Topics
- Sentence Revision, Time Spent in Custody, Application of Section 333, Burglary, Stealing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Linus Ouma Wambani
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Sentence Review
Legal Issues
- 1 Whether the trial court erred by failing to consider the period the applicant spent in custody prior to sentencing as required by section 333 of the Criminal Procedure Code.
- 2 Whether the applicant is entitled to a revision of sentence to account for time spent in custody.
Ratio Decidendi
The trial court failed to comply with section 333(2) of the Criminal Procedure Code by not factoring in the period the applicant spent in custody prior to sentencing. The applicant was in custody from 3rd November 2021 until 13th April 2022, as his bail/bond was not processed. The High Court, exercising its revisionary jurisdiction under section 362 of the Criminal Procedure Code, found that the applicant was entitled to have the time spent in custody reckoned as part of his sentence. The sentence was accordingly revised to include an order that the period spent in custody be considered in the computation of the applicant's sentence.
Court Disposition
application_allowed
Orders
- The sentence order of 13th April 2022 is revised to include that the period the applicant spent in custody shall be reckoned in the sentence imposed by the trial court.
- The file is closed.
Full Case Text
Judgment text and source record
19 paragraphs
Wambani v Republic (Miscellaneous Criminal Application E029 of 2023) [2024] KEHC 6188 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6188 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Criminal Application E029 of 2023
WM Musyoka, J
May 31, 2024
Between
Linus Ouma Wambani
Applicant
and
Republic
Respondent
Ruling
1. The application herein, dated 29th November 2023, and filed on even date, seeks review of sentence. The applicant had been convicted, on 13th April 2021, in Busia CMCRC No. E2808 of 2023, of burglary, contrary to section 304(2), and stealing, contrary to section 279(b), of the Penal Code, Cap 63, Laws of Kenya. He was sentenced to serve 4 years for burglary, and 2 years for stealing, to run consecutively.
2. I shall take it that he seeks revision, under section 362 of the Criminal Procedure Code, Cap 75, Laws of Kenya, on the basis that the trial court did not apply section 333 of the Criminal Procedure Code to that sentence. The proviso to that provision is to effect that any time spent in custody prior to sentence should be reckoned.
3. I see from the record that the trial court did not factor that in the sentence pronounced. The applicant was presented in court on 4th November 2021, for plea-taking, having been arrested on 3rd November 2021. He denied the charges. Although he was admitted to bail/bond, the same was never processed, hence he remained in custody. He changed plea, on 13th April 2022, when he pleaded guilty, was convicted and sentenced.
4. He should benefit from section 333 of the Criminal Procedure Code, and I hereby revise the sentence order of 13th April 2022, to include an order that the period that the applicant spent in custody shall be reckoned in the sentence that the trial court imposed. This file shall be closed hereafter. Orders accordingly.
RULING DELIVERED, DATED AND SIGNED, IN OPEN COURT, AT BUSIA, ON THIS 31STDAY OF MAY 2024W MUSYOKA.................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRARMr. Arthur Etyang, Court Assistant.Mr. Linus Ouma Wambani, the applicant, in person.AdvocatesMs. Chepkonga, instructed by the Director of Public Prosecutions, for the respondent.