Liban v Republic [2022] KEHC 13601 (KLR)

Liban v Republic (Criminal Revision E418 of 2021) [2022] KEHC 13601 (KLR) (Crim) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13601 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Revision E418 of 2021

DO Ogembo, J

October 11, 2022

Between

Ali Mutano Liban

Applicant

and

Republic

Respondent

Ruling

1. The 1st Appellant/Applicant Ali Mutano Liban has again moved this court by an application dated 17. 8.2022. The application is for revision brought pursuant to sections 333(2) and 364 of the Criminal Procedure Code. in the application, the applicant prays that the period of 1 year that he spent in remand custody be accounted for in the sentence passed by the court.

2. The learned counsel for the state has conceded that the court ought to have considered the period of 11 months and 3 days that the applicant spent in remand custody awaiting the determination of his trial.

3. I have perused the proceedings. The applicant indeed remanded in remand custody for the period claimed.

4. Section 333(2) of the Criminal Procedure Code, at its proviso, provides;“Provided that where the person sentenced under sub-section (1) has, prior to such sentence, been held in custody, the sentence shall account of the period spent in custody.”

5. In making the orders of revision herein on 26. 7.2022, this court, by inadvertence did not take into account the above provision in passing the sentence. It ought to have done so.

6. It is for this reason that I find merit in this application for revision. I accordingly therefore revise the said orders of 26. 7.2022 and order that the applicant (and the other appellant. Abdinasir Walde Haile), are sentenced to each a fine of Ksh. 1 million. In default each shall serve 3 years imprisonment, less 11 months and 3 days. This sentence shall run from the date of sentence on 9. 12. 2021. Right of appeal 14 days.

D. O. OGEMBOJUDGE11TH OCTOBER, 2022Court:RULING READ OUT IN PRESENCE OF THE APPLICANT (NAIROBI REMAND), MS. ODUOR FOR THE STATE.D. O. OGEMBOJUDGE11TH OCTOBER, 2022. ‘O’FROM: HIGH COURT APPELLATE SIDETO: @G.K. NAIROBI REMAND & ALLOCATION MAXIMUM PRISONINFO: PHQ.11TH OCTOBER, 2022HCCR REVISION. NO. E418 OF 2021HIGH COURT CRIMINAL REVISION NO. E418 OF 2021 ORIGINATING FROM THE CHIEF MAGISTRATE’S COURT AT MILIMANI CRIMINAL CASE NO. 1144 OF 2019. APPLICANT NBA/1752/2021/LS ALI MUTANO LIBAN AND (AND THE OTHER APPELLANT NBA/1754/2021/LS ABNASIR WALBE HAILE), ARE SENTENCED TO EACH A FINE OF KSH. 1 MILLION. IN DEFAULT EACH SHALL SERVE 3 YEARS IMPRISONMENT, LESS 11 MONTHS AND 3 DAYS. THIS SENTENCE SHALL RUN FROM THE DATE OF SENTENCE ON 9. 12. 2021. DEPUTY REGISTRAR