[2022] KEHC 13837 (KLR)
The court held that, pursuant to section 333(2) of the Criminal Procedure Code, the period spent in custody by the petitioner prior to sentencing must be taken into account. Since the petitioner was in custody from December 31, 2016, the 20-year sentence imposed should be computed from that date. The court found no...
Source-derived case information.
- Citation
- [2022] KEHC 13837 (KLR)
- Parties
- Applicant: Alex Kyalo Mutua; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E017 of 2020
- Procedural Posture
- Criminal Petition / Ruling on Petition for Resentencing; Consideration of Time Spent in Custody
- Outcome
- petition allowed to the extent that sentence is to run from date of arrest
- Judges
- TW Cherere
- Legal Topics
- Defilement Offence, Sentencing Principles, Time Spent in Custody, Sexual Offences Act, Criminal Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alex Kyalo Mutua
Applicant
Republic
Respondent
Procedural Posture
Criminal Petition / Ruling on Petition for Resentencing; Consideration of Time Spent in Custody
Legal Issues
- 1 Whether the period spent in custody by the petitioner prior to sentencing should be taken into account in computing his sentence.
Ratio Decidendi
The court held that, pursuant to section 333(2) of the Criminal Procedure Code, the period spent in custody by the petitioner prior to sentencing must be taken into account. Since the petitioner was in custody from December 31, 2016, the 20-year sentence imposed should be computed from that date. The court found no opposition from the State and no other grounds were pursued by the petitioner. The ruling ensures compliance with statutory requirements regarding the commencement of sentences for convicted persons who have been in pre-sentence custody.
Court Disposition
petition allowed to the extent that sentence is to run from date of arrest
Orders
- The 20-year sentence imposed on the petitioner shall commence from December 31, 2016, the date of his arrest.
Full Case Text
Judgment text and source record
22 paragraphs
Mutua v Republic (Petition E017 of 2020) [2022] KEHC 13837 (KLR) (13 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13837 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E017 of 2020
TW Cherere, J
October 13, 2022
Between
Alex Kyalo Mutua
Petitioner
and
Republic
Respondent
Ruling
1. Alex Kyalo Mutua (“the petitioner”) was charged with the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act. He was found guilty of the offence before the trial court and sentenced to twenty (20) years imprisonment.
2. He appealed against the aforesaid decision in Meru Criminal Appeal No 160 of 2017 which appeal was dismissed.
3. His petition for resentence in Meru Petition No 2 of 2020 was subsequently dismissed on July 30, 2020.
4. At the hearing of the petition on September 22, 2022, petitioner informed the court that he only wished to pursue one ground that the time he spent in custody be taken into consideration. The state through Ms Mwaniki (PPC) did not oppose the appeal.
5. 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.
6. Petitioner was in custody throughout the trial having been arrested on December 31, 2016 and remained in custody throughout the trial.
7. It is therefore ordered that the 20-year sentence imposed on the petitioner shall commence from December 31, 2016 when he was arrested.
DELIVERED AT MERU THIS 13TH DAY OF OCTOBER 2022WAMAE T W CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms Mwaniki (PPC)