[2024] KEHC 12607 (KLR)

[2024] KEHC 12607 (KLR)

The court found that the sentences imposed on the applicant were lawful. However, the trial court erred by failing to comply with Section 333(2) of the Criminal Procedure Code, which requires that the period spent in custody prior to sentencing be considered. The court therefore ordered that the applicant's sentence...

Source-derived case information.

Citation
[2024] KEHC 12607 (KLR)
Parties
Applicant: Abraham Mahinda Wanjohi; Respondent: Republic
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Case Number
Criminal Revision E089 of 2024
Procedural Posture
Criminal Revision / Ruling
Outcome
Application for review dismissed except for correction on commencement of sentence.
Judges
DKN Magare
Legal Topics
Sentencing Review, Commencement of Sentence, Repeat Offender, Section 333 2 Cpc
Source Language
en
Criminal Law Sentencing Review Commencement of Sentence Repeat Offender Section 333 2 Cpc

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abraham Mahinda Wanjohi

Applicant

Republic

Respondent

Procedural Posture

Criminal Revision / Ruling

Legal Issues

  1. 1 Whether the trial court erred in failing to comply with Section 333(2) of the Criminal Procedure Code regarding the commencement of sentence.
  2. 2 Whether the sentences imposed were lawful.

Ratio Decidendi

The court found that the sentences imposed on the applicant were lawful. However, the trial court erred by failing to comply with Section 333(2) of the Criminal Procedure Code, which requires that the period spent in custody prior to sentencing be considered. The court therefore ordered that the applicant's sentence should commence from the date of arrest, 25th April 2023, but otherwise dismissed the application for review as the sentences themselves were not unlawful.

Court Disposition

Application for review dismissed except for correction on commencement of sentence.

Orders

  • The sentence shall commence on 25/4/2023, the date of arrest.
  • The applicant shall serve the sentence as ordered, being a repeat offender.