[2024] KEHC 9794 (KLR)
The court found that the sentence of five years' imprisonment for trafficking in narcotics was lawful and properly imposed. However, the trial court failed to take into account the 41 days the Applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The High Court...
Source-derived case information.
- Citation
- [2024] KEHC 9794 (KLR)
- Parties
- Applicant: Peter Gichuhi Wangari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E122 of 2024
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Sentence partially revised to account for pre-sentence custody; otherwise, revision dismissed.
- Judges
- DKN Magare
- Legal Topics
- Sentencing Principles, Narcotics Offences, Pre Sentence Custody, Criminal Revision, Bond and Bail, Sentence Computation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Gichuhi Wangari
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence imposed on the Applicant was illegal or improper.
- 2 Whether the period spent in custody prior to sentencing should be considered under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The court found that the sentence of five years' imprisonment for trafficking in narcotics was lawful and properly imposed. However, the trial court failed to take into account the 41 days the Applicant spent in custody prior to sentencing, as required by Section 333(2) of the Criminal Procedure Code. The High Court therefore ordered that the Applicant's sentence should run from 18/1/2024, less the 41 days already spent in custody. No other illegality or impropriety was found to warrant further revision of the sentence.
Court Disposition
Sentence partially revised to account for pre-sentence custody; otherwise, revision dismissed.
Orders
- The Applicant shall serve his sentence of five years' imprisonment from 18/1/2024, less 41 days spent in custody between arrest and re-arrest.
- The application for further revision is otherwise dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Wangari v Republic (Criminal Revision E122 of 2024) [2024] KEHC 9794 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9794 (KLR)
Republic of Kenya
In the High Court at Nyeri
Criminal Revision E122 of 2024
DKN Magare, J
July 22, 2024
Between
Peter Gichuhi Wangari
Applicant
and
Republic
Respondent
(Arising from Othaya Principal Magistrate’s Court Criminal Case No. E057 of 2023)
Ruling
1. The Applicant was sentenced on 21/3/2024 for trafficking in narcotics valued at 3,600/=.
2. The Applicant denied the charge. Evidence was taken. The Applicant defended himself. The court convicted the Appellant. Warrants were issued for the Applicant who was on bond. The Surety was pushed to have the Applicant in court. The last time the Appellant was to attend court for Judgment was 9/11/2023. After concerted efforts between the Surety and the investigating officer, the accused was apprehended on 18/1/2024.
3. When bond was cancelled the Applicant sought for fresh plea. The court dismissed the same and fixed reading of judgment on 29/1/2024. It was read. He sought that he is still young and needed to have a second chance.
4. The social enquiry showed the Applicant was abusing drugs. The court directed the matter be mentioned in Court 1. The court M.N. Munyendo sentenced the Applicant to 5 years imprisonment on 21/3/2024.
5. The Accused had been arrested on 1/2/2023, released on bond on 13/3/2023 and arrested on 18/1/2024. He was in custody for 41 days before between arrest and re-arrest.
6. The court does not find any illegality on the sentence. The court properly sentenced the Applicant. The only aspect left out pursuant to Section 333(2) of the CPC are 41 days the Applicant was in custody between the first arrest and the time of re-arrest on 18/1/2024.
7. The Appellant should serve his entire sentence of 5 years starting 18/1/2024 less 41 days he was in custody between arrest and re-arrest. Otherwise the review is not merited.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 22ND DAY OF JULY, 2024. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of:-Mr. Mwakio for the StateApplicant in personCourt Assistant – Jedidah