[2022] KEHC 1453 (KLR)
The court found that the applicant was entitled to have the period spent in custody during trial taken into account when computing his sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The trial record confirmed that the applicant was arrested on 16/1/2016, granted bail on 18/1/2016 but was...
Source-derived case information.
- Citation
- [2022] KEHC 1453 (KLR)
- Parties
- Applicant: Wilfred Andere; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E025 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Sentencing Procedure, Credit for Time Served, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Andere
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Consideration of Time Spent in Custody Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period spent in custody during trial should be taken into account in computing the applicant's sentence under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in custody during trial taken into account when computing his sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The trial record confirmed that the applicant was arrested on 16/1/2016, granted bail on 18/1/2016 but was unable to raise it, and remained in custody until conviction and sentencing on 22/12/2016. The sentencing court failed to consider this period. The application was therefore merited, and the court ordered that the applicant's 10-year imprisonment be calculated from the date of arrest, 16/1/2016.
Court Disposition
application allowed
Orders
- The 10 years imprisonment shall be calculated from 16/1/2016, the date of arrest.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISCELLANEOUS CRIMINAL APPLICATION NO. E025 OF 2022
CORAM: HON. R.E. ABURILI, J
WILFRED ANDERE....................................................APPLICANT
VERSUS
REPUBLIC...............................................................RESPONDENT
(Being an Application arising from conviction and sentence from Principal Magistrate’s Court at Bondo in Criminal Case No. 2 of 2017)
RULING
1. I have considered the application by the convict Winfred Andere seeking that the court takes into account Section 333(2) of the Criminal Procedure Code so that in calculating his sentence, the period spend in prison custody during trial should be taken into account.
2. I note that the convict appealed vide Siaya HCCRA 2/2017 which appeal was dismissed both on conviction and sentence. During the trial, he was in custody as he was unable to raise bail which was granted to him on 18/1/2016. He was convicted and sentenced on 22/12/2016. The trial record charge sheet shows that he was arrested on 16/1/2016. That period in custody was not taken into account in sentencing.
3. Accordingly, I find the application merited. I allow it and order that the 10 years imprisonment shall be calculated from 16/1/2016 date of arrest. I so order.
4. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 17TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE