The applicant has filed an undated application seeking that the period he spent in custody awaiting trial be factored into the sentence of 10 years imposed on him on conviction for the offence of defilement contrary to section 8 (1) as read with section 8(3) of the Sexual Offences Act.
The grounds in support of the application are that the applicant was arrested on 22/11/2019 and was sentenced on 12/11/2020. He was in custody during the trial.
Section 333(2) of the Criminal Procedure Code requires a court when sentencing an accused person who has been in custody awaiting trial to take into account the period spent in custody. The record of the trial court does not indicate whether the court put this into account when sentencing the applicant. It is to be noted that the provisions of the section are couched in mandatory terms. I therefore find the application to be merited.
In view of the foregoing, I order that the sentence imposed on the applicant in Mpeketoni Principal Magistrate`s Court Sexual Offence Case No. 10 of 2019 do commence from the date of his arrest, i.e, on 22 nd November 2019.
In the presence of:
Mr. Oluoch for Respondent
Applicant: Present virtually at GK Prison Hindi
Court Assistant – Ms. Rahma
I have perused the record of the trial court and noted that the applicant was indeed arrested on 22/11/2019 and sentenced on 12/11/2020. He was in custody during the trial’
The application was supported by the affidavit of the appellant in which he states that he was arrested
The grounds in support of the application are that the applicant was arrested on 22/11/2019 and was sentenced on 12/11/2020. He was in custody during the trial.
Section 333(2) of the Criminal Procedure Code requires a court when sentencing an accused person who has been in custody awaiting trial to take into account the period spent in custody. The record of the trial court does not indicate whether the court put this into account when sentencing the applicant. It is to be noted that the provisions of the section are couched in mandatory terms. I therefore find the application to be merited.
In view of the foregoing, I order that the sentence imposed on the applicant in Mpeketoni Principal Magistrate`s Court Sexual Offence Case No. 10 of 2019 do commence from the date of his arrest, i.e, on 22 nd November 2019.
In the presence of:
Mr. Oluoch for Respondent
Applicant: Present virtually at GK Prison Hindi
Court Assistant – Ms. Rahma
I have perused the record of the trial court and noted that the applicant was indeed arrested on 22/11/2019 and sentenced on 12/11/2020. He was in custody during the trial’
The application was supported by the affidavit of the appellant in which he states that he was arrested