[2023] KEHC 23952 (KLR)
The court found that the issue of factoring the period spent in custody prior to conviction had already been addressed and implemented in the judgment of the consolidated appeals. The sentence of 13 years imprisonment was expressly reduced by the period the applicant was in custody, as directed in the previous...
Source-derived case information.
- Citation
- [2023] KEHC 23952 (KLR)
- Parties
- Applicant: Stephen Mutuku Kenga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E018 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- application dismissed
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Review, Computation of Sentence, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mutuku Kenga
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the applicant is entitled to a further review of sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the period spent in custody prior to conviction was properly factored into the sentence.
Ratio Decidendi
The court found that the issue of factoring the period spent in custody prior to conviction had already been addressed and implemented in the judgment of the consolidated appeals. The sentence of 13 years imprisonment was expressly reduced by the period the applicant was in custody, as directed in the previous appellate judgment. Therefore, there was no merit in the present application for further review of sentence, as the applicant had already received the benefit of Section 333(2) of the Criminal Procedure Code. The court declined to interfere with or further review the sentence.
Court Disposition
application dismissed
Orders
- The request for review of sentence is declined.
- No further orders as to sentence.
Full Case Text
Judgment text and source record
20 paragraphs
Kenga v Republic (Criminal Revision E018 of 2023) [2023] KEHC 23952 (KLR) (24 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23952 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Revision E018 of 2023
GMA Dulu, J
October 24, 2023
Between
Stephen Mutuku Kenga
Applicant
and
Republic
Respondent
Ruling
1. This is a request for review of sentence in which Section 333 (2) of the Criminal Procedure Code (Cap.75) has been relied upon.
2. In Voi High Court Criminal Appeal No. 21 of 2020 consolidated with No. E003 of 2021, and E068 of 2021, the learned Judge concluded in the judgment on 4th March 2022 as follows:-77. As for the sentence, I note that the appellants were sentenced to serve 13 years for each count, and, the sentences to run concurrently. Considering the offence, the manner in which it was committed, it is my view that the sentence of thirteen years for each of the three counts to run concurrently is lenient. I find no reason to tamper with it. The upshot is that I uphold the conviction and sentence and dismiss the three consolidated appeals. However, computing the prison term, the period the appellants were in police custody from 2nd November 2016 and subsequently in remand prison upto 4th April 2020 when they were convicted shall be factored in the computation.
3. In my view therefore, the prison sentence of 13 years was thus reduced by this court on appeal by reducing the period between the dates stated in the above appeal judgment.
4. I thus find no merits in this present request for review of sentence, and decline to review the sentence.
5. This ruling applies also to application No. E017 of 2023 Fredrick Gitonga Mungania =Versus= Republic, which is for ruling today and arises from the same above judgment of the High Court on appeal, and wherein the applicant asked for probation sentence.
DATED, SIGNED AND DELIVERED THIS 24TH DAY OF OCTOBER 2023 IN OPEN COURT AT VOI.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantApplicantApplicant in E017 of 2023Mr. Sirima for State