https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11706

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT CHUKA** **MISC. CRIMINAL APPLICATION NO. E065 OF 2025** **JAPHET MUTHEE MBITI………………….….APPLICANT** **VERSUS** **REPUBLIC ……………………………………RESPONDENT** **RULING** 1. The Appellant was arraigned before the High Court at Chuka and charged with offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence alleged that on 8th February 2014, at Kagongogacheke village, Mutino location, in Meru South District, within Tharaka Nithi County, the Appellant murdered James Kiura Muthee. 2. Upon conclusion of the trial, the High Court (Mabeya J.) convicted him as charged and sentenced him to suffer death as provided by law. 3. The Applicant appealed to the Court of Appeal vide Criminal Appeal No. 10 of 2019. In a judgment dated 31st May 2024, the Court of Appeal upheld the conviction and set aside the death sentence and imposed a 20-year imprisonment. 4. The Applicant has now approached this court with the present Application dated 13th August 2025 seeking a sole prayer that this court reduce the 20-year imprisonment by the period he had spent in pre-trial custody as provided by section 333(2) of the Criminal Procedure Code. 5. The Applicant filed written submissions urging that the Court of Appeal in substituting the death sentence, failed to address the issue of pre-trial detention. He urged that failure to subtract the years spent in pre-trial custody would lead a longer sentence. 6. The Application is opposed by the Respondent through written submissions dated 20th April 2026. The Respondent submitted that the period spent in pre-trial custody was canvassed in the court of appeal and the court addressed it. That the Applicant was relitigating an issue already concluded by the Court of Appeal. 7. I have considered the Application. The sole issue is whether the period spent in pre-trial custody was considered. The Applicant was sentenced by Mabeya J. on 15th September 2016 to the then mandatory death sentence. Upon appeal, the court of appeal resentenced him as follows:- “The upshot of the above is that we dismiss the appeal against conviction but allow the appeal against sentence. We hereby set aside the sentence of death, and substitute thereto with a custodial sentence of twenty (20) years, to take effect from the date the Appellant took plea before the trial court.” 1. The Applicant was according to the trial record, the Applicant took plea before Lesiit J. (as she then was) on 13th March 2014. 2. It is clear to this court therefore that the Applicant’s prayer was spent. The court of appeal ordered that his 20-year imprisonment to deemed to take effect from the date of plea. 3. The Application has no merit and is dismissed. 4. For clarity the Applicant’s 20-year imprisonment is computed from the date of plea being 13th March 2014. Orders accordingly. **Ruling delivered, dated and signed at Chuka this 27th day of July, 2026.** **..........................** **R. LAGAT - KORIR** **JUDGE** **Ruling delivered in the presence of Applicant acting in person, Ms Rukunga for the Republic; Muriuki (Court Assistant)**