[2024] KEHC 12063 (KLR)
The court found that Section 333(2) of the Criminal Procedure Code mandates consideration of the period an accused has spent in custody prior to sentencing. The applicant had spent 2 years and 2 months in remand during the trial, which was not previously credited. Although the sentence of 10 years imprisonment had...
Source-derived case information.
- Citation
- [2024] KEHC 12063 (KLR)
- Parties
- Applicant: Republic; Respondent: Joseph Kariuki Murithi
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E13 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Sentence revised to run from date of initial incarceration; application allowed.
- Judges
- AK Ndung'u
- Legal Topics
- Sentencing, Remand Period Credit, Criminal Revision, Appeal Dismissal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kariuki Murithi
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the period spent in remand custody during trial should be considered in computing the applicant's sentence.
- 2 Whether the affirmed sentence on appeal should be revised to account for time already served in remand.
Ratio Decidendi
The court found that Section 333(2) of the Criminal Procedure Code mandates consideration of the period an accused has spent in custody prior to sentencing. The applicant had spent 2 years and 2 months in remand during the trial, which was not previously credited. Although the sentence of 10 years imprisonment had been affirmed on appeal, the court determined that justice required revising the sentence to commence from the date the applicant was first incarcerated for the offence, thereby giving effect to the statutory requirement and ensuring fairness.
Court Disposition
Sentence revised to run from date of initial incarceration; application allowed.
Orders
- The sentence of 10 years imprisonment affirmed on appeal is set aside.
- A sentence of 10 years imprisonment is substituted, to run from 5th February 2019.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Murithi (Criminal Revision E13 of 2023) [2024] KEHC 12063 (KLR) (8 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12063 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Criminal Revision E13 of 2023
AK Ndung'u, J
October 8, 2024
Between
Republic
Applicant
and
Joseph Kariuki Murithi
Respondent
Ruling
1. The Applicant moved this court vide an undated application seeking that his sentence be reduced to the extent of the period he was in remand during the pendency of his trial, a period of 2 years and 2 months.
2. It is instructive that the Applicant had lodged an appeal which appeal was dismissed on 15th June 2023.
3. Material was placed before me showing that at the time of trial, the Applicant was serving sentence in Criminal Case No. 95 of 2016. He appealed against sentence and judgement delivered on 5th February 2019 where the conviction was quashed.
4. Judgement in the lower court in this trial was delivered on 23rd April 2021. It means therefore that the Applicant was in custody for 2 years and 2 months during the pendency of the trial.
5. Section 333(2) of the Criminal Procedure Code requires the court to take into account the period of incarceration before judgement.
6. I am alive that the court has already delivered itself affirming the sentence on appeal.
7. I note that the Applicant has all along represented himself and am alive to the challenge arising from inability to put forward cogent legal arguments or reliance on sections of the law that would favour him.
8. In the interests of justice, and noting that I have confirmed the period served in remand, the higher calling to justice for the Applicant would require that he be allowed to benefit from the provision in Section 333(2) of the Criminal Procedure Code.
9. With the result that the sentence of 10 years imprisonment affirmed by this court on appeal is set aside and substituted with a sentence of 10 years imprisonment to run from 5th February 2019.
DATED SIGNED AND DELIVERED THIS 8TH DAY OF OCTOBER 2024. A.K. NDUNG’UJUDGE