Daniel v Director of Public Prosecutions [2022] KEHC 15424 (KLR)

Daniel v Director of Public Prosecutions (Petition 83 of 2021) [2022] KEHC 15424 (KLR) (3 November 2022) (Judgment)

Neutral citation: [2022] KEHC 15424 (KLR)

Republic of Kenya

In the High Court at Mombasa

Petition 83 of 2021

A. Ong’injo, J

November 3, 2022

Between

Ng’ang’a Daniel

Petitioner

and

Director of Public Prosecutions

Respondent

Judgment

1. Nganga Daniel petitioned this court to consider his pre-trial custody in his sentence.

2. The petitioner was charged with offence of rape contrary to section 3(1)(a) & (b) as read with section 3(3) of the Sexual Offences Act No 3 of 2006.

3. The petitioner was convicted & sentenced to serve 22 years imprisonment on May 9, 2019but an appeal in CR A No of 59 of 2019 the Judge substitute 22 years sentence with 10 years imprisonment.

4. I have perused the trial court file & established that the petitioner was not released on bond during the period he was on trial. This court therefore finds that the applicant is entitled to the benefit of section 333(2) of the Criminal Procedure Code.

5. The ten years’ sentence should take effect from October 30, 2017. Orders accordingly.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3RD DAY OF NOVEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMr. Ngiri for statePetitioner – present in personHon. Lady Justice A. Ong’injo J03/11/2022