[2023] KEHC 25068 (KLR)
The court found that the petitioner had served 8 months and 2 days in remand custody prior to being sentenced to 10 years imprisonment. Section 333(2) of the Criminal Procedure Code mandates that such period must be considered in the computation of the sentence. The court therefore reviewed the sentence to ensure...
Source-derived case information.
- Citation
- [2023] KEHC 25068 (KLR)
- Parties
- Applicant: John Njiru Wambugu; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E034 of 2022
- Procedural Posture
- Constitutional Petition / Ruling on Sentence Review
- Outcome
- sentence reviewed to include remand period; file closed
- Judges
- RM Mwongo
- Legal Topics
- Sentencing Review, Remand Custody Credit, Section 333 2 Cpc
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Njiru Wambugu
Applicant
Republic
Respondent
Procedural Posture
Constitutional Petition / Ruling on Sentence Review
Legal Issues
- 1 Whether the petitioner is entitled to have the period spent in remand custody deducted from his sentence under section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the petitioner had served 8 months and 2 days in remand custody prior to being sentenced to 10 years imprisonment. Section 333(2) of the Criminal Procedure Code mandates that such period must be considered in the computation of the sentence. The court therefore reviewed the sentence to ensure that the total term of imprisonment includes the period already served in remand, thereby reducing the remaining custodial period accordingly.
Court Disposition
sentence reviewed to include remand period; file closed
Orders
- The sentence of ten years imprisonment shall be deemed to include the 8 months and 2 days spent in remand custody.
- The file is closed.
Full Case Text
Judgment text and source record
23 paragraphs
Wambugu v Republic (Constitutional Petition E034 of 2022) [2023] KEHC 25068 (KLR) (6 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25068 (KLR)
Republic of Kenya
In the High Court at Kerugoya
Constitutional Petition E034 of 2022
RM Mwongo, J
November 6, 2023
Between
John Njiru Wambugu
Petitioner
and
Republic
Respondent
Ruling
1. The lower court file in this matter has now been placed before this court as directed
2. I do not find it necessary to proceed with a hearing of the petitioner’s Application for review in his presence.
3. The petitioner seeks that his ten (10) years sentence by the Lower Court be reviewed taking into account section 333(2) Criminal Procedure Codeso that the period of his remand custody is taken into account.
5. Applicant was sentenced to 10 years on 24. 11. 2017.
6. He has served 8 months and 2 days in remand custody.
7. Accordingly, the offender’s sentence is hereby reviewed so that the sentence term of (10) years shall be deemed to include the 8 months and 2 days spent in remand custody.
8. Orders accordingly.
9. This file is closed.
R. MWONGO, JUDGE06. 11. 2023