[2022] KEHC 15347 (KLR)
The court found that the applicant was never released on bond during the pendency of his trial and, therefore, is entitled to have the period spent in remand custody credited towards his sentence. The court applied Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody prior...
Source-derived case information.
- Citation
- [2022] KEHC 15347 (KLR)
- Parties
- Applicant: Tom Mboya Njiri; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E120 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Factoring Remand Period Into Sentence
- Outcome
- application allowed
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Principles, Remand Period Credit, Narcotic Offences, Application of Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tom Mboya Njiri
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Factoring Remand Period Into Sentence
Legal Issues
- 1 Whether the period the applicant spent in remand custody prior to conviction should be considered in computing his sentence.
- 2 Whether Section 333(2) of the Criminal Procedure Code applies to the applicant's circumstances.
Ratio Decidendi
The court found that the applicant was never released on bond during the pendency of his trial and, therefore, is entitled to have the period spent in remand custody credited towards his sentence. The court applied Section 333(2) of the Criminal Procedure Code, which mandates that any period spent in custody prior to conviction must be taken into account in sentencing. The court distinguished the present application from the applicant's previous unsuccessful resentencing petition, noting that the current application was properly grounded in law. Consequently, the court ordered that the applicant's 10-year sentence should be deemed to have commenced on 21st April 2016, the date he was...
Court Disposition
application allowed
Orders
- The applicant's sentence of 10 years shall run from 21st April 2016.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Njiri (Miscellaneous Criminal Application E120 of 2022) [2022] KEHC 15347 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15347 (KLR)
Republic of Kenya
In the High Court at Mombasa
Miscellaneous Criminal Application E120 of 2022
A. Ong’injo, J
November 3, 2022
Between
Republic
Respondent
and
Tom Mboya Njiri
Applicant
Ruling
1. The Applicant Tom Mboya Njiri was charged & convicted for the offence of trafficking in Narcotic Drugs contrary to Section 49(a) of the Narcotic Drugs and Psychotropic Substance Control Act No.4 of 1994 on 30th August 2016.
2. He seeks that the period he was in remand before conviction and sentence be factored in his sentence.
3. From this courts search the applicant had previously tried his luck to re-sentencing in High Court Petition No. 76 of 2019(2021) eKLR and Justice Ogolla dismissed the same for reasons he had not laid a basis for re-sentencing & his case did not fall within the merit of Francis Muruatetu petition.
4. It was further held in the petition that the applicant was lucky for having been sentenced to serve only 10 years instead life sentence and fine of Kshs.1,000,000/=.
5. I have perused a copy of the proceedings presented by the applicant and confirmed that he was never released on bond and he is therefore entitled to benefit from the provisions of Section 333(2) of the Criminal Procedure Code.
6. The Applicants sentence of 10 years should therefore run from 21st April 2016.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMs. Anyumba for stateApplicant – Present in personHON. LADY JUSTICE A. ONG’INJO J3/11/2022