[2023] KEHC 25090 (KLR)
The court found that the sentencing judge had already complied with section 333(2) of the Criminal Procedure Code by reducing the respondent's sentence by eight years, which exceeded the actual period spent in pre-sentence custody (six years and nine months). Therefore, the applicant had already benefited from the...
Source-derived case information.
- Citation
- [2023] KEHC 25090 (KLR)
- Parties
- Applicant: Republic; Respondent: Nicasio Muriithi Mai
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E013 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
- Outcome
- application dismissed
- Judges
- RM Mwongo
- Legal Topics
- Sentencing Review, Pre Sentence Custody, Application of Section 333 2, Murder Conviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nicasio Muriithi Mai
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Sentence Review Under Section 333(2) of the Criminal Procedure Code
Legal Issues
- 1 Whether the period the respondent spent in pre-sentence custody was properly taken into account during sentencing as required by section 333(2) of the Criminal Procedure Code.
- 2 Whether there is any basis for further reduction of the respondent's sentence.
Ratio Decidendi
The court found that the sentencing judge had already complied with section 333(2) of the Criminal Procedure Code by reducing the respondent's sentence by eight years, which exceeded the actual period spent in pre-sentence custody (six years and nine months). Therefore, the applicant had already benefited from the statutory requirement and more, and there was no basis for further reduction of the sentence. The application for review was accordingly dismissed.
Court Disposition
application dismissed
Orders
- The application for review is dismissed.
- Ruling to be served on Applicant and State.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Mai (Miscellaneous Criminal Application E013 of 2023) [2023] KEHC 25090 (KLR) (6 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25090 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Miscellaneous Criminal Application E013 of 2023
RM Mwongo, J
November 6, 2023
Between
Republic
Applicant
and
Nicasio Muriithi Mai
Respondent
Ruling
06. 11. 2023In Chambers Before R. Mwongo, J.Court Assistant: MurageCourt: 1. The Applicant, Nicasio Muriithi Mai, filed a Notice of Motion seeking that Section 333(2) of the Criminal Procedure Code be applied in that the period he spent in custody should be taken into account.
2. He asserts that he was arrested on 25. 10. 2012 and charged with murder. He was convicted on 24th July 2019 and sentenced on the same date.
3. The correct position is that he was convicted on 11th July 2019 and sentenced on 24th July 2019.
4. In her judgment upon conviction, Gitari J stated:“I sentence the Accused to serve fifteen (15) years imprisonment. This will be reduced by eight years, the period he has been in custody”.
5. As already stated, the Accused was Arrested on 25. 10. 2012, Sentenced on 24. 7.2019; going a period of 6 years and 9 months, being the period spent in custody.
6. Since the court reduced the sentence by 8 years, the court had already taken the period spent in custody into account plus a bonus of 1 year and 3 months.
7. Accordingly, the court complied with Section 333(2) and in addition favoured the Applicant by reduced sentence.
8. Accordingly, the Application for review is hereby dismissed.
9. For the avoidance of doubt, I restate the provisions of Section 165 CPC which provides that on revision, as in this case, no party has a right to be heard personally or by advocate before the High Court.
10. Application dismissed. Ruling to be served on Applicant and State.File closed.
R. MWONGO, JUDGE06. 11. 2023