[2024] KEHC 5546 (KLR)
The court held that, in accordance with section 333(2) of the Criminal Procedure Code and the Court of Appeal's decision in Bethwel Wilson Kibor vs Republic [2009] eKLR, the period the applicant spent in custody prior to sentencing must be considered in the computation of his sentence. Since the applicant was...
Source-derived case information.
- Citation
- [2024] KEHC 5546 (KLR)
- Parties
- Applicant: Erick Mwenda Ntoribi; Respondent: Director Of Public Prosecutions
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition E237 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Computation Under Section 333(2) of the Criminal Procedure Code
- Outcome
- Application allowed. The applicant's sentence to be computed from the date of arrest.
- Judges
- TW Cherere
- Legal Topics
- Sentencing, Custodial Remand Credit, Sexual Offences, Defilement, Sentence Computation
- 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
Erick Mwenda Ntoribi
Applicant
Director Of Public Prosecutions
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Computation Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the applicant is entitled to have the period spent in custody prior to sentencing considered in the computation of his sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court held that, in accordance with section 333(2) of the Criminal Procedure Code and the Court of Appeal's decision in Bethwel Wilson Kibor vs Republic [2009] eKLR, the period the applicant spent in custody prior to sentencing must be considered in the computation of his sentence. Since the applicant was arrested on 26th May, 2015 and remained in custody throughout the trial until his sentencing on 12th June, 2017, the 20-year imprisonment term imposed on him must be computed from the date of his arrest. This ensures compliance with statutory and constitutional requirements regarding fair sentencing and the right to have pre-sentence custody taken into account.
Court Disposition
Application allowed. The applicant's sentence to be computed from the date of arrest.
Orders
- The 20 years imprisonment term imposed on the applicant shall be computed from 26th May, 2015 when he was arrested.
Full Case Text
Judgment text and source record
21 paragraphs
Ntoribi v Director of Public Prosecutions (Petition E237 of 2023) [2024] KEHC 5546 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 5546 (KLR)
Republic of Kenya
In the High Court at Meru
Petition E237 of 2023
TW Cherere, J
April 25, 2024
Between
Erick Mwenda Ntoribi
Applicant
and
Director Of Public Prosecutions
Respondent
Ruling
1. Applicant was charged, tried and convicted in Tigania Criminal Case No. 825 of2015 for the offence of defilement contrary to section 8(1) as read with Section 8(3) of the Sexual Offences Act and was on 12th June, 2017 sentenced to serve 20 years imprisonment.
2. His appeal vide Meru Criminal Appeal No. 143 of2017 was dismissed. Applicant did not appeal to the Court of Appeal.
3. 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.
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 26th May, 2015 and remained in custody throughout the trial.
6. It is therefore ordered that the 20 years imprisonment term imposed on the Applicant shall be computed from 26th May, 2015 when he was arrested.
DELIVERED AT MERU THIS 25TH DAY OF APRIL 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - PresentFor Applicant - Mr. Muriuki for Mbogo & Muriuki & Co.AdvocatesFor the DPP - Ms.Rita Rotich ( PC-1)