[2021] KEHC 601 (KLR)
The court found that, although the trial court had discretion in sentencing and the sentence imposed was otherwise appropriate, it failed to comply with the mandatory requirement under Section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in pre-trial detention. The applicant was...
Source-derived case information.
- Citation
- [2021] KEHC 601 (KLR)
- Parties
- Applicant: Patrick Kiambi Riungu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 233 of 2021
- Procedural Posture
- Criminal Revision / Ruling on Revision
- Outcome
- sentence revised to account for pre-trial detention
- Judges
- EM Muriithi
- Legal Topics
- Sentencing Revision, Pre Trial Detention Credit, Grievous Harm Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Kiambi Riungu
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Revision
Legal Issues
- 1 Whether the trial court erred by failing to take into account the period the applicant spent in remand before sentencing as required by Section 333(2) of the Criminal Procedure Code.
- 2 Whether the sentence of 7 years imprisonment should be revised to reflect the period already served in pre-trial detention.
Ratio Decidendi
The court found that, although the trial court had discretion in sentencing and the sentence imposed was otherwise appropriate, it failed to comply with the mandatory requirement under Section 333(2) of the Criminal Procedure Code to consider the period the applicant spent in pre-trial detention. The applicant was in custody from 4/3/2018 until sentencing on 22/1/2019 and was not released on bail. The failure to account for this period constituted an error in principle, necessitating revision of the sentence so that the 7-year term would commence from the date of first detention, 4/3/2018.
Court Disposition
sentence revised to account for pre-trial detention
Orders
- The sentence of imprisonment for 7 years shall commence on 4/3/2018, the date the accused was first arrested and detained.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL REVISION NO E 233 OF 2021
PATRICK KIAMBI RIUNGU.......APPLICANT
VERSUS
REPUBLIC ................................RESPONDENT
RULING ON REVISION
1. Applicant who was convicted for offence of grievous harm primarily seeks revision of the sentence of 7 years imprisonment imposed by the court to take into account the period that he had spent in remand before the sentence, in accordance with Section 333(2) of the Criminal Procedure Code. The Applicant was arrested on 4/3/2018 and sentenced on 22/1/2019.
2. The DPP urges the court not to disturb the sentence as the same was appropriate in view of the status of the applicant as a repeat offender having been “convicted and sentenced in Criminal Case No. 1108 of 2016 with a similar offence of grievous harm Contrary to Section 234 of the Penal Code.
3. Despite the validity of the sentencing discretion of the trial court, the court erred in principle when it failed to comply with the mandatory provisions of Section 333(2) of the Criminal Procedure Code to take into account the period of the accused’s Pre-trial detention.
ORDERS
4. Accordingly, this court shall revise the sentence of the trial court to the extent that sentence of imprisonment for 7 years shall commence on 4/3/2018 when the accused was first arrested and detained to await his trial, having not been released on bail throughout his trial.
Order accordingly.
DATED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2021
EDWARD M. MURIITHI
JUDGE
Appearances:-
Applicant in person
Ms. Nandwa, Prosecution Counsel for DPP.