1. The Applicant has moved this Court seeking that the period spent in remand custody from 9th January 2021 to 6th September 2021 be taken into account in computing the sentence imposed.
2. From the material before the Court, including the application and supporting affidavit appearing at pages 2 and 3 of the record , the Applicant was arrested on 9th January 2021 and remained in custody until 6th September 2021 when he was convicted and sentenced to serve ten (10) years’ imprisonment.
3. Section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period spent in custody prior to conviction. The Court of Appeal has consistently held that such period must not only be noted but must be factored in while computing the sentence.
4. In the present case, there is no indication on record that the trial court expressly considered the period the Applicant spent in remand custody.
5. The period in question is approximately eight (8) months.In the circumstances, the application is merited.
(1) The period spent in custody from 9th January 2021 to 6th September 2021 shall be taken into account in computing the sentence imposed in Keroka Criminal Case No. E002 of 2021.
(2) Accordingly, the sentence of ten (10) years’ imprisonment shall be deemed to have commenced on 9th January 2021.
2. From the material before the Court, including the application and supporting affidavit appearing at pages 2 and 3 of the record , the Applicant was arrested on 9th January 2021 and remained in custody until 6th September 2021 when he was convicted and sentenced to serve ten (10) years’ imprisonment.
3. Section 333(2) of the Criminal Procedure Code obligates a sentencing court to take into account the period spent in custody prior to conviction. The Court of Appeal has consistently held that such period must not only be noted but must be factored in while computing the sentence.
4. In the present case, there is no indication on record that the trial court expressly considered the period the Applicant spent in remand custody.
5. The period in question is approximately eight (8) months.In the circumstances, the application is merited.
(1) The period spent in custody from 9th January 2021 to 6th September 2021 shall be taken into account in computing the sentence imposed in Keroka Criminal Case No. E002 of 2021.
(2) Accordingly, the sentence of ten (10) years’ imprisonment shall be deemed to have commenced on 9th January 2021.