[2022] KEHC 2979 (KLR)
The court found that the trial court had already considered the period the applicant spent in custody (three years, nine months) when passing the ten-year sentence for attempted defilement. There was no illegality or irregularity in the sentence as the requirements of Section 333(2) of the Criminal Procedure Code...
Source-derived case information.
- Citation
- [2022] KEHC 2979 (KLR)
- Parties
- Appellant: Erick Nandi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E025 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Review
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Sentencing Review, Pretrial Custody Credit, Attempted Defilement, Sexual Offences Act, Criminal Procedure Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Nandi
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Review
Legal Issues
- 1 Whether the period spent in pretrial custody was properly considered in sentencing the applicant for attempted defilement.
- 2 Whether there is any illegality or irregularity in the sentence warranting review under Section 362 of the Criminal Procedure Code.
Ratio Decidendi
The court found that the trial court had already considered the period the applicant spent in custody (three years, nine months) when passing the ten-year sentence for attempted defilement. There was no illegality or irregularity in the sentence as the requirements of Section 333(2) of the Criminal Procedure Code had been met. Consequently, there was no basis for revision under Section 362 of the Criminal Procedure Code, and the application for review lacked merit.
Court Disposition
application dismissed
Orders
- The application for review of sentence is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Nandi v Republic (Criminal Revision E025 of 2020) [2022] KEHC 2979 (KLR) (Crim) (11 May 2022) (Ruling)
Neutral citation: [2022] KEHC 2979 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision E025 of 2020
LN Mutende, J
May 11, 2022
Between
Erick Nandi
Appellant
and
Republic
Respondent
Ruling
1. By a Notice of Motion dated 5th September, 2020, the Appellant, Erick Nandi seeks review of the sentence meted out by the lower court. His argument is that he was in custody for three (3) years, six (6) months prior to being convicted and sentenced.
2. Section 333 (2) of the Criminal Procedure code (CPC) provides this:Subject to the provisions of section 38 of the Penal Code(Cap. 63) 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.
3. The applicant was convicted and sentenced to serve ten (10) years imprisonment for the offence of attempted defilement. Section 9(1) as read with Section 9(2) of the Sexual Offences Act provides as follows-A person who commits an offence of attempted defilement with a child is liable upon conviction to imprisonment for a term of not less than ten years
4. In meting out the sentence the trial court considered mitigation by the applicant and time spent in custody, a duration of three (3) years, nine (9) months.
5. Time spent in custody having been taken into consideration, there is no illegality or regularity that warrants review pursuant to Section 362 of the CPC.
6. Therefore, the application lacks merit. Accordingly it is dismissed.
7. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 11TH DAY OF MAY, 2022. L. N. MUTENDEJUDGEIn the Presence of:ApplicantMs. Gukui for ODPPCourt Assistant - Mutai