[2024] KEHC 16367 (KLR)
The court found that the initial judgment contained an error in the calculation of the period the accused spent in custody. The correct period was 20 months and 20 days, not 7 months as previously stated. Applying the slip rule, the court corrected the judgment to reflect the accurate period spent in custody and...
Source-derived case information.
- Citation
- [2024] KEHC 16367 (KLR)
- Parties
- Applicant: Republic; Defendant: Millicent Wangui Munene
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E005 of 2023
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- Judgment corrected under slip rule; sentence clarified to reflect accurate custody period and probation terms.
- Judges
- RM Mwongo
- Legal Topics
- Sentencing, Custodial Sentence, Probation, Remission of Sentence, Time Spent in Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Millicent Wangui Munene
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the calculation of time spent in custody by the accused was accurate and properly considered in sentencing.
- 2 Whether the sentence should be adjusted to reflect the correct period spent in custody.
Ratio Decidendi
The court found that the initial judgment contained an error in the calculation of the period the accused spent in custody. The correct period was 20 months and 20 days, not 7 months as previously stated. Applying the slip rule, the court corrected the judgment to reflect the accurate period spent in custody and adjusted the operative sentencing order accordingly. The sentence remains five years' imprisonment, but the remaining term after remission is to be served non-custodially under probation and community service, with specific requirements for counselling. The correction ensures compliance with statutory requirements to account for time spent in custody and upholds the fairness of...
Court Disposition
Judgment corrected under slip rule; sentence clarified to reflect accurate custody period and probation terms.
Orders
- Paragraphs 18 and 21 of the judgment are corrected to reflect the accurate period spent in custody as 20 months and 20 days.
- The sentence is clarified: five years' imprisonment, with the remaining term after remission to be served non-custodially under probation and community service, including counselling.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Munene (Criminal Case E005 of 2023) [2024] KEHC 16367 (KLR) (20 December 2024) (Judgment)
Neutral citation: [2024] KEHC 16367 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Criminal Case E005 of 2023
RM Mwongo, J
December 20, 2024
Between
Republic
Prosecutor
and
Millicent Wangui Munene
Accused
Judgment
1. By a judgment delivered on 28th November, 2024 in this matter the court stated in Paragraph 18 and 21 as follows:“18 Time spent in prison: The Court has also taken into account the time spent in prison by the accused, being 7 months between 29th February, 2023 and 4th October 2024. ”“21 Accordingly, I sentence the accused to five (5) years imprisonment to take into account any period already spent in custody. The last two (2) years of her imprisonment shall, after remission, be non-custodial and served under probation in community service at a place and in a programme to be designed by the Probation Officer. Such programme shall include counselling on anger management, self-control and on the dangers of alcoholism.”
2. The said paragraphs contained wrong or erroneous calculations of date and times.
3. Upon noting the errors, the Court hereby makes corrections under the “Slip Rule”.
4. The two paragraphs should, and are hereby declared to read as follows:“18Time spent in prison: The Court has also taken into account the time spent in prison by the accused, being 20 months and 20 days between 15th March, 2023 and 28th November 2024.
21Accordingly, I sentence the accused to five (5) years imprisonment to take into account any period already spent in custody. The remaining term of her sentence shall after remission, be non-custodial and served under probation in community service at a place and in a programme to be designed by the Probation Officer. Such programme shall include counselling on anger management, self-control and on the dangers of alcoholism.”
5. Orders accordingly.
DATED AT KERUGOYA THIS 20THDAY OF DECEMBER, 2024______________R. MWONGOJUDGEDelivered in the presence of:Before: Hon. Justice R. MwongoCourt Assistant: Mr. MurageState Counsel: Mr. MambaAccused: Present in CourtDefence Counsel: Ms. Ndungu holding brief for Makworo