[2024] KEHC 6169 (KLR)
The court held that Section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicant was arrested on 22nd February, 2022 and remained in custody throughout the trial. Therefore, the 10-year...
Source-derived case information.
- Citation
- [2024] KEHC 6169 (KLR)
- Parties
- Applicant: Thomas Karani Mugambi; Respondent: Director Of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E100 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Computation
- Outcome
- Application allowed. Sentence to be computed from date of arrest.
- Judges
- TW Cherere
- Legal Topics
- Sentencing, Custodial Period Credit, Manslaughter, Criminal Procedure Code Section 333 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Karani Mugambi
Applicant
Director Of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Computation
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing deducted from his term of imprisonment under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that Section 333(2) of the Criminal Procedure Code requires that any period spent in custody prior to sentencing must be taken into account when computing the term of imprisonment. The applicant was arrested on 22nd February, 2022 and remained in custody throughout the trial. Therefore, the 10-year imprisonment term imposed on the applicant must be computed from the date of his arrest, ensuring that the period already spent in custody is credited towards his sentence. This approach is consistent with the Court of Appeal decision in Bethwel Wilson Kibor vs Republic [2009] eKLR, which affirmed the mandatory nature of this statutory requirement.
Court Disposition
Application allowed. Sentence to be computed from date of arrest.
Orders
- The 10 years imprisonment term imposed on the applicant shall be computed from 22nd February, 2022 when he was arrested.
Full Case Text
Judgment text and source record
20 paragraphs
Mugambi v Director of Public Prosecutions (Petition E100 of 2023) [2024] KEHC 6169 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6169 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E100 of 2023
TW Cherere, J
May 16, 2024
Between
Thomas Karani Mugambi
Applicant
and
Director Of Public Prosecutions
Respondent
Ruling
1. Applicant was charged, tried and convicted in High Court Criminal Case No. E007 of 2022 for the offence of manslaughter contrary to section 202 as read with Section 205 of the Penal Code and was 1723 sentenced to serve 10 years imprisonment.
2. Applicant seeks that the sentence be subjected to the provisions of Section 333(2) of the Criminal Procedure Code so that the time he spent in custody can be accounted for.
3. The Court of Appeal held in the case of Bethwel Wilson Kibor vs Republic [2009] eKLR that: -“By proviso to section 333(2) of the Criminal Procedure Code, where a person sentenced has been held in custody prior to such sentence, the sentence shall take into account of the period spent in custody…”
4. Applicant was arrested on 22nd February, 2022 and remained in custody throughout the trial.
5. It is therefore ordered that the 10 years imprisonment term imposed on the Applicant shall be computed from 22nd February, 2022 when he was arrested.
DELIVERED AT MERU THIS 16th DAY OF May__ 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - PresentFor the DPP - Ms.Rita Rotich ( PC-1)