[2022] KEHC 15793 (KLR)
The court held that, in accordance with Section 333(2) of the Criminal Procedure Code, the period spent in custody prior to sentencing must be considered in the computation of the sentence. The petitioner was in custody throughout the trial and was first presented in court on 09th January, 2015. Therefore, the...
Source-derived case information.
- Citation
- [2022] KEHC 15793 (KLR)
- Parties
- Applicant: Richard Kirima M’Njira; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E012 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Computation
- Outcome
- petition allowed in part
- Judges
- TW Cherere
- Legal Topics
- Sentencing Computation, Time Spent in Custody, Sexual Offences, Defilement, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Kirima M’Njira
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Computation
Legal Issues
- 1 Whether the petitioner is entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence.
- 2 Whether the sentence should be deemed to have commenced from the date of first court appearance.
Ratio Decidendi
The court held that, in accordance with Section 333(2) of the Criminal Procedure Code, the period spent in custody prior to sentencing must be considered in the computation of the sentence. The petitioner was in custody throughout the trial and was first presented in court on 09th January, 2015. Therefore, the 20-year sentence imposed on the petitioner shall be deemed to have commenced from 09th January, 2015, the date of his first court appearance. The court found no legal basis to deny the petitioner the benefit of Section 333(2), regardless of the fact that the issue was not raised on appeal.
Court Disposition
petition allowed in part
Orders
- The 20-year sentence imposed on the petitioner shall commence from 09th January, 2015.
Full Case Text
Judgment text and source record
20 paragraphs
M’Njira v Republic (Petition E012 of 2022) [2022] KEHC 15793 (KLR) (1 December 2022) (Ruling)
Neutral citation: [2022] KEHC 15793 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E012 of 2022
TW Cherere, J
December 1, 2022
Between
Richard Kirima M’Njira
Petitioner
and
Republic
Respondent
Ruling
1. Richard Kirima M’njira (“the petitioner”) was charged with the offence of defilement contrary to Section 8 (1) as read with section 8 (3) of the Sexual Offences Act. He was found guilty of the offence before the trial court and sentenced to twenty (20) years imprisonment.
2. His appeal Meru CR. Appeal No. 69 of 2018 was dismissed and he did not appeal to the Court of Appeal. At the appeal, he did not raise the issue concerning the time he spent custody. The State through Ms. Mwaniki (PPC) opposed the application on the ground that Petitioner has not appealed to the Court of Appeal.
3. Section 333(2) of the Criminal Procedure Code provides that:(2)Subject to the provisions of section 38 of the Penal Code 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.
4. Petitioner was in custody throughout the trial. Whereas the court file does not contain details of when Petitioner was arrested, it reveals he was first presented in court on 09th January, 2015.
5. It is therefore ordered that the 20-year sentence imposed on the Petitioner shall commence from 09th January, 2015.
DELIVERED AT MERU THIS 01ST DAY OF DECEMBER 2022. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms. Mwaniki (PPC)