[2023] KEHC 1139 (KLR)
The court found that the applicant was in remand custody from April 24, 2014 to August 18, 2014, amounting to 3 months and 14 days. Applying Section 333(2) of the Criminal Procedure Code, the court held that this period must be deducted from the applicant's 10-year sentence for the offence of defilement. The...
Source-derived case information.
- Citation
- [2023] KEHC 1139 (KLR)
- Parties
- Applicant: Dennis Muteti Mbindyo; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E101 of 2021
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
- Outcome
- application allowed
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Deductions, Remand Period Credit, Defilement Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dennis Muteti Mbindyo
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Reduction
Legal Issues
- 1 Whether the period the applicant spent in remand custody prior to being released on bond should be deducted from his sentence.
- 2 Whether the applicant is entitled to have 3 months and 14 days credited against his 10-year sentence.
Ratio Decidendi
The court found that the applicant was in remand custody from April 24, 2014 to August 18, 2014, amounting to 3 months and 14 days. Applying Section 333(2) of the Criminal Procedure Code, the court held that this period must be deducted from the applicant's 10-year sentence for the offence of defilement. The application was therefore allowed, and the applicant's sentence was ordered to be reduced by the period spent in remand custody.
Court Disposition
application allowed
Orders
- 3 months and 14 days to be deducted from the applicant's 10-year sentence.
- Application for sentence reduction is allowed.
Full Case Text
Judgment text and source record
18 paragraphs
Mbindyo v Republic (Miscellaneous Criminal Application E101 of 2021) [2023] KEHC 1139 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEHC 1139 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E101 of 2021
A. Ong’injo, J
February 23, 2023
Between
Dennis Muteti Mbindyo
Applicant
and
Republic
Respondent
Ruling
1. The Applicant filed application on April 30, 2021 seeking the 7 months he was in remand custody prior to being released on bond be factored in his sentence which was reduced to 10 years in Mombasa High Court CR Appeal 115 of 2017.
2. This Court has been provided with the proceedings in Mombasa CMC CR Case No 801 of 2014 in which the applicant was tried, convicted & sentenced for the offence of defilement and it is established the period that he was in remand custody during his trial was from April 24, 2014 to August 18, 2014.
3. In the circumstances this court orders that 3 months & 14 days be deducted from 10 years. The application is therefore allowed.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 23RD DAY OF FEBRUARY 2023HON LADY JUSTICE A ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantApplicant – Present in personMr Ngiri for RespondentHon Lady Justice A Ong’injoJudge