[2023] KEHC 27454 (KLR)
The court found that the trial judge had expressly considered the period the applicant spent in custody prior to conviction, in compliance with Section 333(2) of the Criminal Procedure Code. The applicant's assertion that the trial court failed to consider this period was factually incorrect. Consequently, there was...
Source-derived case information.
- Citation
- [2023] KEHC 27454 (KLR)
- Parties
- Applicant: Rashid Abdi Mmeywa; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E041 of 2023
- Procedural Posture
- Criminal Application / Sentence Review
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Manslaughter, Sentencing Review, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rashid Abdi Mmeywa
Applicant
Republic
Respondent
Procedural Posture
Criminal Application / Sentence Review
Legal Issues
- 1 Whether the trial court failed to consider the pretrial custody period when sentencing the applicant for manslaughter.
Ratio Decidendi
The court found that the trial judge had expressly considered the period the applicant spent in custody prior to conviction, in compliance with Section 333(2) of the Criminal Procedure Code. The applicant's assertion that the trial court failed to consider this period was factually incorrect. Consequently, there was no basis for reviewing the sentence, and the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Mmeywa v Republic (Criminal Application E041 of 2023) [2023] KEHC 27454 (KLR) (17 October 2023) (Ruling)
Neutral citation: [2023] KEHC 27454 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Application E041 of 2023
MS Shariff, J
October 17, 2023
Between
Rashid Abdi Mmeywa
Applicant
and
Republic
Respondent
Ruling
1. The Applicant herein one Rashid Abdi Mmeywa was charged and convicted of the offence of manslaughter contrary to Section 202 as read with 205 of the Penal Code. On 21st July he was sentenced to serve 10 years imprisonment by justice Fred A. Ochieng who duly considered the period that the Applicant had spent in custody prior to his conviction as was required of him under the provision of Section 333 (2) of the Criminal Procedure Code CAP 75 Laws of Kenya.
2. The Applicant has now approached this court for review of his sentence on grounds that the trial court had failed to consider the pre trial period during his sentencing, a fact that is false.
3. The Applicant’s application is thus devoid of merit and is thus dismissed.
4. It is so ordered.
Delivered, signed and dated at Kisumu this 17thday of October, 2023. MWANAISHA S. SHARIFFJUDGE