[2024] KEHC 10137 (KLR)
The court found that the applicant, having been in remand custody from 29/8/2016 to 3/12/2018 prior to his conviction and sentencing for the offence of defilement, is entitled to have this period considered and deducted from his ten-year sentence in accordance with section 333(2) of the Penal Code. The court also...
Source-derived case information.
- Citation
- [2024] KEHC 10137 (KLR)
- Parties
- Applicant: Charles Mathenge Wandeto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E046 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Penal Code
- Outcome
- application allowed
- Judges
- MA Odero
- Legal Topics
- Sentencing, Remand Periods, Penal Code Section 333 2, Sexual Offences, Defilement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mathenge Wandeto
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Consideration of Remand Period Under Section 333(2) of the Penal Code
Legal Issues
- 1 Whether the period spent by the applicant in remand custody should be considered and deducted from his sentence in accordance with section 333(2) of the Penal Code.
- 2 Whether the applicant's medical condition has any bearing on the application.
Ratio Decidendi
The court found that the applicant, having been in remand custody from 29/8/2016 to 3/12/2018 prior to his conviction and sentencing for the offence of defilement, is entitled to have this period considered and deducted from his ten-year sentence in accordance with section 333(2) of the Penal Code. The court also noted the applicant's terminal illness but based its decision primarily on the statutory requirement and supporting case law.
Court Disposition
application allowed
Orders
- The period of time the applicant spent in custody from 29/8/2016 to 3/12/2018 shall be considered and deducted from the applicant's sentence.
Full Case Text
Judgment text and source record
22 paragraphs
Wandeto v Republic (Miscellaneous Application E046 of 2023) [2024] KEHC 10137 (KLR) (15 August 2024) (Ruling)
Neutral citation: [2024] KEHC 10137 (KLR)
Republic of Kenya
In the High Court at Nyeri
Miscellaneous Application E046 of 2023
MA Odero, J
August 15, 2024
Between
Charles Mathenge Wandeto
Applicant
and
Republic
Respondent
Ruling
1. I have considered the application dated 21st July, 2023. The applicant prays that the period of time which he spent in remand during the pendency of his trial be considered in line with Section 333(2) of the Penal Code.
2. The application is not opposed.
3. The Applicant was tried and convicted for the offence of Defilement, contrary to Section 8(1) (3) of the Sexual Offences Act, 2006 was sentenced to serve ten (10) years imprisonment.
4. I have perused the medical documents annexed to the application. They indicate that the Applicant is suffering from a terminal illness.
5. I have considered the provisions of section 333 (2) of the Penal Code and I have also considered the decision in the case of Hamad Abolfath Mohamed v R [2018] eKLR.
6. I find merit in this application and direct that the period of time the Applicant spent in custody from 29/8/2016 to the date of sentence being 3/12/2018 be considered and be deducted from the Applicants sentence.
7. It is so ordered.
DATED IN NYERI THIS 15TH DAY OF AUGUST, 2024. MAUREEN A. ODEROJUDGE