[2023] KEHC 2456 (KLR)
The High Court found that the trial court had expressly stated in its order that it took into account the period the accused had been in custody prior to sentencing. Therefore, the requirements of section 333(2) of the Criminal Procedure Code were satisfied. The application for revision was found to have no merit...
Source-derived case information.
- Citation
- [2023] KEHC 2456 (KLR)
- Parties
- Applicant: Geoffrey Mungai Waweru; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 82 of 2019
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- LN Mutende
- Legal Topics
- Sentencing Procedure, Pre Sentence Custody, Commencement of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Mungai Waweru
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the trial court properly took into account the period the applicant spent in custody prior to sentencing as required by section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
The High Court found that the trial court had expressly stated in its order that it took into account the period the accused had been in custody prior to sentencing. Therefore, the requirements of section 333(2) of the Criminal Procedure Code were satisfied. The application for revision was found to have no merit and was dismissed accordingly.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
Waweru v Republic (Criminal Revision 82 of 2019) [2023] KEHC 2456 (KLR) (Crim) (20 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2456 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Revision 82 of 2019
LN Mutende, J
March 20, 2023
Between
Geoffrey Mungai Waweru
Applicant
and
Republic
Respondent
Ruling
1. Through a chamber summons dated the March 14, 2019, the applicant has called upon this court to invoke the provisions of section 333(2) of the Criminal Procedure Code that provides that:“Subject to the provisions of section 38 of the Penal Code (cap 63) every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.”
2. In its order the trial court stated as follows:“Whereas I am required to take into account the period the accused person has been in custody which I hereby do”
3. It is apparent that the trial court complied with the law.Therefore, the application has no merit. Accordingly, it is dismissed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI, THIS 20THDAY OF MARCH, 2023. L. N. MUTENDEJUDGE