Julius Maina Kariuki v Republic [2021] KEHC 6376 (KLR)
- Court
- High Court of Kenya
- Case number
- 6376
- Citation
- [2021] KEHC 6376 (KLR)
- Decided
- 9 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for review of sentenceCoramD. O. OGEMBO
Holding
The court allows the application and orders that the applicant serve the term of 5 years' imprisonment as ordered by the lower court less the period of 1 year and 4 months he remained remanded in custody.
Facts
The applicant was convicted of grievous harm and sentenced to 5 years' imprisonment. He was remanded in custody for 1 year and 4 months prior to the sentencing.
Issues
- Whether the period of remand in custody should be taken into account in the sentence
Reasoning
The court finds merit in the application as the proviso to section 333(2) of the Criminal Procedure Code requires consideration of the period spent in custody. The court notes that the lower court did not take into account the remand period.
Outcome
Application allowed
Orders
- The applicant to serve the term of 5 years' imprisonment as ordered by the lower court less the period of 1 year and 4 months he remained remanded in custody
Authorities cited
Legislation (1)
- Penal Code
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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