Lalo v Republic (Criminal Revision E022 of 2023) [2023] KEHC 26041 (KLR) (30 November 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 26041
- Citation
- [2023] KEHC 26041 (KLR)
- Decided
- 30 November 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal RevisionPostureApplication for reconsideration of sentenceCoramM THANDE
Holding
The period of 6 months spent in remand custody should be considered as part of the 6-year sentence and the sentence should run from the date of arrest.
Facts
The applicant was convicted of burglary and stealing in Mariakani Criminal Case No. E358 of 2021 and sentenced to 6 years imprisonment. He spent 6 months in remand custody during the trial.
Issues
- Whether the period of 6 months spent in remand custody should be considered as part of the 6-year sentence
- Whether the trial court failed to take into account the period of remand custody in sentencing the applicant
Reasoning
The court held that the trial court failed to take into account the period of remand custody in sentencing the applicant, as required by the proviso to Section 333(2) of the Criminal Procedure Code.
Outcome
Application allowed
Orders
- The sentence imposed upon the applicant shall run from the date of his arrest, that is to say, 10.8.21
Authorities cited
Legislation (2)
- Criminal Procedure Code
- Penal Code
Cases cited (2)
- Jona & 87 others v Kenya Prison Service & 2 others (Petition 15 of 2020) [2021] KEHC 457 (KLR)
- Ahamad Abolfathi Mohammed & another v Republic [2018] 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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