[2024] KEHC 13530 (KLR)
The court found that the Applicant's request to have the period spent in custody prior to sentencing included in the computation of his 15-year sentence was merited. The court relied on the principle that time spent in custody should be taken into account when computing the sentence to be served. Accordingly, the...
Source-derived case information.
- Citation
- [2024] KEHC 13530 (KLR)
- Parties
- Applicant: Apeneto Elias Zem; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Petition E096 of 2024
- Procedural Posture
- Petition / Ruling on Sentence Computation Application
- Outcome
- Application allowed.
- Judges
- AN Ongeri
- Legal Topics
- Sentence Computation, Pretrial Custody Credit, Manslaughter, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Apeneto Elias Zem
Applicant
Republic
Respondent
Procedural Posture
Petition / Ruling on Sentence Computation Application
Legal Issues
- 1 Whether the period the Applicant spent in custody prior to sentencing should be included in the computation of his 15-year imprisonment sentence.
Ratio Decidendi
The court found that the Applicant's request to have the period spent in custody prior to sentencing included in the computation of his 15-year sentence was merited. The court relied on the principle that time spent in custody should be taken into account when computing the sentence to be served. Accordingly, the court ordered that the Applicant's 15-year sentence should be computed from 2nd November, 2018, the date of his arrest, rather than from 28th January, 2020, the date of sentencing. This ensures that the Applicant receives credit for the period he was held in custody awaiting trial and sentencing, in line with statutory and constitutional requirements for fair sentencing.
Court Disposition
Application allowed.
Orders
- The 15-year imprisonment sentence imposed on the Applicant shall be computed from 2nd November, 2018, the date of his arrest, instead of 28th January, 2020, the date of sentencing.
Full Case Text
Judgment text and source record
22 paragraphs
Zem v Republic (Petition E096 of 2024) [2024] KEHC 13530 (KLR) (4 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13530 (KLR)
Republic of Kenya
In the High Court at Voi
Petition E096 of 2024
AN Ongeri, J
November 4, 2024
Between
Apeneto Elias Zem
Applicant
and
Republic
Respondent
Ruling
1. The Applicant filed an application seeking the inclusion of the period he was in custody in the computation of his sentence. The application is undated but filed on 12th April, 2024.
2. A brief history of the case is that the Applicant was sentenced to life imprisonment on 28th February, 2020 for the offence of manslaughter.
3. The Applicant preferred an appeal against the sentence and the appeal was heard and dismissed on 14th July, 2023.
4. The High Court on appeal reduced the life sentence to 15 years imprisonment to be computed from the date of the sentence.
5. The application seeking inclusion of the period the Applicant was held in custody in the computation of the sentence has merit.
6. The same is allowed and the computation of the 15 years imprisonment will now start from 2nd November, 2018 when he was arrested and not from 28th January, 2020 when he was sentenced to life imprisonment.
Orders to issue accordingly.
DATED, SIGNED AND DELIVERED THIS 4TH DAY OF NOVEMBER 2024 IN OPEN COURT AT VOI.LADY JUSTICE ASENATH ONGERIJUDGEIn the presence of:-Maina/Trizah – Court AssistantsMr. Sirima for the RespondentThe Applicant in person