Applicant v Republic (Sentence review under Section 333(2) of the Criminal Procedure Code)
Partially AllowedA Kenyan High Court cut 427 days off a prisoner's sentence for time spent in remand, but refused to reduce the sentence itself or let prosec
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A Kenyan High Court cut 427 days off a prisoner's sentence for time spent in remand, but refused to reduce the sentence itself or let prosec
The High Court in Lodwar ordered that a prisoner's 943 days in remand be deducted from his 20-year sentence because the trial court ignored
Kenya's High Court confirmed that time spent in remand custody must automatically be deducted from a prison sentence under Section 333(2).
The time you spend in custody while awaiting trial must be credited against your final sentence under Section 333(2) of the Criminal Procedu
The time you spend in custody while awaiting trial must be deducted from your final prison sentence under Kenyan law.
Time spent in custody while awaiting trial in Kenya must be legally deducted from your final prison sentence.
The High Court cannot reduce a sentence another High Court judge imposed on appeal; the only route to credit remand time is a second appeal
Time spent in custody while awaiting trial must be deducted from your final sentence to ensure fairness.
Kenya's High Court confirmed that time spent in remand custody must actually reduce a prison sentence, not just be mentioned by the judge.
Courts must deduct the time an accused spent in custody before conviction when setting a final sentence.
The High Court refused to reduce a prisoner's sentence because the original trial court records were missing, so it could not verify whether
A Kenyan High Court confirmed that prisoners sentenced without credit for time spent in remand can have their sentences backdated to arrest.
A Kenyan magistrate's inquest found an employer responsible for his worker's death and recommended he be prosecuted for manslaughter, despit
If you are convicted and served time in custody before sentencing, the court must reduce your final sentence by that time.
The court found enough evidence to proceed with the murder trial, meaning the accused must now defend themselves.
If you are held in custody before your sentence is finalized, the court must count that time towards your total punishment.
If you spend significant time in jail before being convicted, the court must count that time toward your final sentence.
The prosecution can legally withdraw a criminal case, and the accused cannot automatically appeal that decision.
If you disagree with a court's sentence, you must appeal to a higher court, not ask the same court to review its own decision.
If a judge fails to credit the time you spent in custody while awaiting trial, the High Court can step in and correct the sentence.
The time you spend in custody before a conviction must be credited against your final prison sentence.
The time you spend in jail before your final sentence must be credited against the total time you are required to serve.