[2024] KEHC 16301 (KLR)
The court held that it could not reduce the twenty-year sentence for defilement as it was the minimum mandatory sentence prescribed by law. However, the court found that the period the applicant spent in custody prior to sentencing, from 25 July 2017 to 3 July 2018, should be taken into account in accordance with...
Source-derived case information.
- Citation
- [2024] KEHC 16301 (KLR)
- Parties
- Appellant: Peter Mwangi Rwathe; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Revision Case E080 of 2024
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Reduction and Computation of Custodial Period
- Outcome
- Application for reduction of sentence dismissed; order issued for computation of sentence from date of first remand in custody.
- Judges
- CM Kariuki
- Legal Topics
- Defilement, Sentencing, Custodial Periods, Sexual Offences Act, Section 333 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mwangi Rwathe
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Reduction and Computation of Custodial Period
Legal Issues
- 1 Whether the sentence of twenty years imprisonment for defilement can be reduced under the current law.
- 2 Whether the period spent in custody prior to sentencing should be taken into account under section 333 of the Criminal Procedure Code.
Ratio Decidendi
The court held that it could not reduce the twenty-year sentence for defilement as it was the minimum mandatory sentence prescribed by law. However, the court found that the period the applicant spent in custody prior to sentencing, from 25 July 2017 to 3 July 2018, should be taken into account in accordance with section 333 of the Criminal Procedure Code. The court directed that the twenty-year sentence be computed from the date the applicant first appeared in court and was remanded in custody, ensuring compliance with statutory requirements and fairness in the computation of custodial sentences.
Court Disposition
Application for reduction of sentence dismissed; order issued for computation of sentence from date of first remand in custody.
Orders
- The twenty-year imprisonment sentence shall be computed from 25/7/2017, the date the accused first appeared in court and was remanded in custody.
- The prisons authorities are directed to compute the sentence accordingly.
Full Case Text
Judgment text and source record
25 paragraphs
Rwathe v Republic (Revision Case E080 of 2024) [2024] KEHC 16301 (KLR) (Crim) (20 December 2024) (Ruling)
Neutral citation: [2024] KEHC 16301 (KLR)
Republic of Kenya
In the High Court at Nyandarua
Criminal
Revision Case E080 of 2024
CM Kariuki, J
December 20, 2024
Between
Peter Mwangi Rwathe
Appellant
and
Republic
Respondent
Ruling
1. The application via application undated he seeks reduction of sentence of twenty years imprisonment imposed after conviction on offence of defilement under section 8(1) and 8(3) Sexual offence Act No. 3 of 2006.
2. The sentence was minimum mandatory as the girl victim was after fifteen (14) years vide the provisions cited and Supreme Court Petition 18/2023 Republic -versus – Joshua Gichuki.
3. After the court intimated that during hearing the sentence cannot be reduced as sought. The applicant raised the issue of taking to account of period spent in custody prior to sentence under section 333 CPC Cap 75 Laws of Kenya.
4. The state did not oppose for the court to deal with issue and make appropriate order.
5. The appellant took plea on 25/7/2017 and was granted a bond of Kshs. 300,000 with one surety of similar amount.
6. He did not raise the amount but stayed in custody up to 3/7/2018 though the record does not show when he was released on bond.
7. The release order on record is dated 3/7/2018 thus, court to rely on the same.
8. The sentencing on 17/1/2019 did not allude to the period spent in custody thus the court under section 333 can direct the twenty years to be computed form 25/7/2017 when accused appeared in court and was in custody of a period of about one year thus the prisons will compute twenty years(20) imprisonment with effect from 25/7/2017.
9. Orders accordingly.
RULING DATED, SIGNED AND DELIVERED AT NYANDARUA THIS 20TH DAY OF DECEMBER 2024………………………………..C KARIUKIJUDGE