Jonnes Waita Kasyoki v Republic [2020] KEHC 4673 (KLR)
- Court
- High Court of Kenya
- Case number
- 4673
- Citation
- [2020] KEHC 4673 (KLR)
- Decided
- 29 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal from original conviction and sentenceCoramOduanga, J
Holding
The sentence is reduced to the period already served by the appellant and he is set free.
Facts
The appellant was charged with threatening to kill and convicted of the offence. He was sentenced to two years in prison. The sentence was meted out after he pleaded guilty.
Issues
- Whether the period of custody prior to sentencing should have been taken into account
Reasoning
The court held that the sentence should have taken into account the period the appellant was in custody prior to sentencing, as mandated by the Criminal Procedure Code. The court found that the trial court failed to do so, leading to an unjust sentence.
Outcome
Appeal allowed
Orders
- The sentence is reduced to the period already served by the appellant and he is set free
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Sentencing Policy Guidelines
Cases cited (2)
- Ahamad Abolfathi Mohammed & Another vs. Republic [2018] eKLR
- Bethwel Wilson Kibor vs. Republic [2009] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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