[2023] KEHC 18485 (KLR)
The court found that there was a clear error in the judgment regarding the date the appellant first appeared in court. The record showed the appellant first appeared on March 10, 2006, not October 23, 2009. Applying Section 333(2) of the Criminal Procedure Code, the court held that the thirty-year sentence should...
Source-derived case information.
- Citation
- [2023] KEHC 18485 (KLR)
- Parties
- Appellant: Julius Kimani Mwangi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 63 of 2013
- Procedural Posture
- Criminal Appeal / Ruling on Correction of Sentence Commencement Date
- Outcome
- Appeal on sentence allowed to the extent of correcting the commencement date of sentence.
- Judges
- J Wakiaga
- Legal Topics
- Sentencing Correction, Commencement of Sentence, Error on Face of Record
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kimani Mwangi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Ruling on Correction of Sentence Commencement Date
Legal Issues
- 1 Whether there was an error apparent on the face of the record regarding the date the appellant first appeared in court.
- 2 Whether the sentence should commence from the correct date of first appearance as per Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that there was a clear error in the judgment regarding the date the appellant first appeared in court. The record showed the appellant first appeared on March 10, 2006, not October 23, 2009. Applying Section 333(2) of the Criminal Procedure Code, the court held that the thirty-year sentence should run from March 10, 2006, the actual date of first appearance. The correction was necessary to ensure the appellant received credit for time already spent in custody, as required by law.
Court Disposition
Appeal on sentence allowed to the extent of correcting the commencement date of sentence.
Orders
- The sentence of death imposed on the appellant is substituted with an imprisonment term of thirty (30) years with effect from March 10, 2006.
Full Case Text
Judgment text and source record
20 paragraphs
Mwangi v Republic (Criminal Appeal 63 of 2013) [2023] KEHC 18485 (KLR) (11 January 2023) (Ruling)
Neutral citation: [2023] KEHC 18485 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Appeal 63 of 2013
J Wakiaga, J
January 11, 2023
Between
Julius Kimani Mwangi
Appellant
and
Republic
Respondent
Ruling
1. By a Judgment dated December 6, 2022 I allowed the appeal on sentence and substituted the death sentence imposed upon the Appellant with a sentence of thirty years with effect from October 23, 2009 when the Appellant allegedly first appeared in Court.
2. By a letter dated December 21, 2022 under the provisions of Section 382 of the Criminal Procedure Code, the Appellant has brought to the attention of the Court an error apparent on the face of the record to wit that he first appeared in Court on March 10, 2006 having been arrested on March 2, 2006.
3. The Court records clearly shows that the Appellant first appeared in Court on March 10, 2006 before T W Murigi Senior Resident Magistrate when a plea of not guilty was entered on his behalf and not October 23, 2009 as per the judgment.
4. I therefore allow the appeal and rectify the error apparent on record to read that the sentence imposed on the Appellant of death is substituted with an imprisonment term of thirty (30) years with effect from March 10, 2006 when he first appeared in Court having taken into account the provisions of Section 333(2) ofCriminal Procedure Code.
5. And it is ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 11TH DAY OF JANUARY 2023. J. WAKIAGAJUDGEIn the presence ofQuinteen: Court Assistant