Aakhala v Republic (Criminal Miscellaneous Application E047 of 2025) [2025] KEHC 17709 (KLR) (14 November 2025) (Ruling)
- Court
- High Court
- Case number
- 17709
- Citation
- [2025] KEHC 17709 (KLR)
- Decided
- 14 November 2025
- Judge
- WM Kagendo.
- Parties
- raw · defendants · plaintiffs
Summary at a glance
TypeCriminal Miscellaneous ApplicationPostureAppeal from the original trialCoramWM Kagendo
The court orders that the applicant's sentence will run from the date of plea, 2/1/2024, rather than the date of conviction, 6/11/2024.
Facts
The applicant Jared Akhala is serving a 10-year sentence for grievous harm. The respondent is the Director of Public Prosecutions.
Issues
- Whether the court should take into account the time the applicant spent in custody prior to sentencing under Section 333(2) of the Criminal Procedure Code and Article 165(3) of the Constitution.
Reasoning
The court relies on legal provisions and previous court decisions to argue that the court must consider the time an accused person spends in custody prior to sentencing.
Outcome
The applicant's sentence is reduced to start from the date of plea.
Orders
- The applicant's sentence will run from 2/01/2024.
Authorities cited
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