Barasa v Republic [2023] KEHC 26599 (KLR)

Barasa v Republic (Miscellaneous Criminal Application E060 of 2023) [2023] KEHC 26599 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26599 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E060 of 2023

A. Ong’injo, J

December 1, 2023

Between

Moses Kibet Barasa

Applicant

and

Republic

Respondent

Ruling

1. Edward Kibet Barasa was charged and convicted with the offence of personating a police officer contrary to section 101(1)(b) of the National Police Service Act No. 11(A) of 2011.

2. He was found guilty on 23. 11. 2022 and sentenced to serve 2 years imprisonment in Count I and 1 year in Count II to run concurrently on 25. 11. 2022.

3. The appellant said that the sentence did not factor in period spent in custody during trial. He prayed that a period of one year and 5 months be factored in the sentence.

4. There is no evidence in the trial court file that the applicant was on bond during trial and therefore his sentence should take effect from 21st July 2021 when he was arraigned in court.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS THIS 1ST DAY OF DECEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE