Baya v Republic [2022] KEHC 15423 (KLR)

Baya v Republic (Miscellaneous Criminal Application E046 of 2022) [2022] KEHC 15423 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15423 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E046 of 2022

A. Ong’injo, J

November 3, 2022

Between

Sinaraha Baya

Applicant

and

Republic

Respondent

Ruling

1. The applicant Sinaraha Baya sought that this court considers his pre-trial custody pursuant to section 333(2) of the Criminal Procedure Code.

2. The applicant was sentenced to serve 12 years jail term for the offence of manslaughter High Court at Mombasa CR Case No 75 of 2012. The applicant has submitted that before he was released on bond he remained in remand custody between December 12, 2012 to June 6, 2013 and he wanted that period to be factored in his sentence.

3. This court called for the proceedings of the end trial court established that the applicant was in remand custody from February 21, 2012 when he was arraigned in court until on May 30, 2013 when his release was secured on bond of Kshs 30,000/= with a surety of a similar amount.

4. The applicant is therefore entitled to benefit from section 333(2) of the Criminal Procedure Code. His sentence of 12 years should therefore be reduced by one year, 3 months and 9 days.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON LADY JUSTICE A ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMs Anyumba for stateApplicant – Present in personAccused – Present in personHon Lady Justice A Ong’injo J3/11/2022