https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11924

Meso v Republic (Criminal Revision E082 of 2025) [2026] KEHC 11924 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 11924 (KLR) Republic of Kenya In the High Court at Kisumu Criminal Revision E082 of 2025 A Mabeya, J July 31, 2026 Between Charles Tuju Meso Applicant and Republic Respondent Ruling 1.By an undated Summons in Chambers, Charles Tuju Meso (‘the applicant’) applied for orders that this Court do order that his sentence do commence from the date of arrest i.e 22/8/2006 as ordered by Ochieng J in Petition No. E006 of 2020. 2.In his supporting affidavit, he deposed that he was charged with murder contrary to section 203 as read with section 204 of the Penal Code. That after trial, he was found guilty, convicted and sentenced to suffer death vide a judgment made on 12/3/2015. 3.That vide a Petition No. E006 of 2020 before Kisumu High Court, that sentence was reduced to 30 years and was ordered to commence on 22/8/2006. That the said ruling was made by Ochieng J (as he then was) on 16/3/2021. That despite as aforesaid, the Prison authorities entered the date of 26/9/2006 when he was presented in court instead of 22/8/2006 as ordered by Ochieng J as aforesaid. 4.I have called for the records. The original file for Kisumu Criminal Case No. 28 of 2006 confirms that the applicant was first charged on 14/9/2006. He was sentenced to suffer death on 19/3/2015. Although the applicant referred to Petition No. E006 of 2020 Charles Tuju Meso vs Republic, the physical file for the same could not be traced. Therefore, his assertions could not be verified. 5.However, the records kept by the Court shows that, a Petition No. E006 of 2020 was lodged by the applicant on 28/9/2020. The same was heard and determined by Ochieng J (as he then was) on 21/3/2021. The Court reduced the death sentence to 30 years. However, it is not clear whether or not the Court specified the actual date when the sentence was to commence. 6.However, section 333(2) of the Criminal Procedure Code provides: -“Subject to the provisions of section 38 of the Penal Code (Cap. 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code. Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.” 7.The net effect of the foregoing provision is that, the sentencing court should take into consideration the period an accused has spent in custody. In the present case, the original death sentence could not specify the date of commencement. Since it is not clear what the directions were at resentencing, this Court hereby directs that the sentence of 30 years do commence on 14/9/2006 when the applicant was first presented in Court. 8.Accordingly, the undated application by the applicant is successful to the extent that the sentence of 30 years shall commence from 14/9/2006.It is so ordered. DATED AND DELIVERED AT KISUMU THIS 31ST DAY OF JULY, 2026.A. MABEYA, FCI ArbJUDGE