JUDGMENT OF THE COURT
This is an appeal by the prisoner against a decision made by the High Court, (Sheikh Amin J) on 14th October, 1986 in favour of the Respondent Republic.
The matter arises, quite shortly, in the following way. On 1st November, 1982 the appellant was convicted of an offence under Section 57 (1) and (2) of the Penal Code by the Senior Resident Magistrate Nairobi and sentenced to 5 years imprisonment. Upon his admission into prisons, the appellant was entitled under section 46(2) of the Prisons Act, Cap 90
“to be credited with the full amount of remission to which he would be entitled at the end of his sentence if he lost no remission of sentence.”
What happened later was this. On 17th February, 1983, the Commissioner of Prisons wrote to the officer-in-charge, Kamiti Main Prison, at which prison the appellant was serving the sentence of imprisonment and stated that he, the Commissioner of Prisons, (the commissioner) considered that it is in the interests of the reformati…