[2024] KEHC 3346 (KLR)
The court found that the applicant was entitled to have the period spent in pretrial custody taken into account in the computation of his sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The trial court erred by failing to consider the applicant's continuous custody from 7th July 2021 until...
Source-derived case information.
- Citation
- [2024] KEHC 3346 (KLR)
- Parties
- Applicant: Martin Mutugi; Respondent: Director Of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E112 of 2024
- Procedural Posture
- Constitutional Petition / Judgment
- Outcome
- application allowed
- Judges
- TW Cherere
- Legal Topics
- Sentencing, Pretrial Custody Credit, False Pretences, Uttering False Document, Personation, Conspiracy to Defraud
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mutugi
Applicant
Director Of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Judgment
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in pretrial custody deducted from his sentence under Section 333(2) of the Criminal Procedure Code.
- 2 Whether the trial court erred by failing to account for the applicant's pre-sentence custody period.
Ratio Decidendi
The court found that the applicant was entitled to have the period spent in pretrial custody taken into account in the computation of his sentence, as mandated by Section 333(2) of the Criminal Procedure Code. The trial court erred by failing to consider the applicant's continuous custody from 7th July 2021 until sentencing. The High Court therefore ordered that the applicant's two-year sentence on each count be computed from the date of arrest, ensuring compliance with statutory and case law requirements on pre-sentence custody credit.
Court Disposition
application allowed
Orders
- The term of 2 years imposed on the applicant in each count shall be computed from 7th July, 2021, the date of arrest.
Full Case Text
Judgment text and source record
21 paragraphs
Mutugi v Director of Public Prosecutions (Petition E112 of 2024) [2024] KEHC 3346 (KLR) (14 March 2024) (Judgment)
Neutral citation: [2024] KEHC 3346 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E112 of 2024
TW Cherere, J
March 14, 2024
Between
Martin Mutugi
Petitioner
and
Director Of Public Prosecutions
Respondent
Judgment
1. Applicant was charged, tried and convicted in MERU MCCR. NO. E288 OF 2021 in five counts namely:1. Obtaining money by false pretences contrary to section 313 of the Penal Code2. Two counts of uttering a false document contrary to section 353 of the Penal Code3. Personation contrary to section 382 of the Penal Code4. Conspiracy to defraud contrary to section 317 of the Penal Code
2. Appellant was on 21st March, 2023 sentenced to serve 2 years in each count which sentences were ordered to run concurrently.
3. Applicant seeks that the sentences 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.
4. 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. ……..”
5. Applicant was arrested on 07th July, 2021 and remained in custody throughout the trial. The trial court that sentenced the Applicant failed to take into account the period that the Applicant had been in custody.
6. It is therefore ordered that the term of 2 years imposed on the Applicant in each count shall run be computed from 07th July, 2021 when he was arrested.
DELIVERED AT MERU THIS 14TH __ DAY OFMARCH__ 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - PresentFor the DPP - Ms.Rita Rotich ( PC-1)Page 2 of 2