John v Republic [2025] KEHC 2508 (KLR)

John v Republic (Criminal Revision E101 of 2024) [2025] KEHC 2508 (KLR) (27 February 2025) (Ruling)

Neutral citation: [2025] KEHC 2508 (KLR)

Republic of Kenya

In the High Court at Machakos

Criminal Revision E101 of 2024

EN Maina, J

February 27, 2025

Between

Ismael Mandela John

Applicant

and

Republic

Respondent

Ruling

1. I have considered the application brought under Section 333(2) of the Criminal procedure Code and the oral submissions of the parties. I have also perused the record of the trial court and indeed the trial court overlooked the provisions of Section 333(2) of the Criminal procedure Code despite the section being couched in mandatory terms. In the premises this court directs that the Applicant’s sentence be computed to run from 22nd December, 2023 when he was arrested so as to take the period he was in remand custody into account.

2. As for the prayer to be released on probation, I see that a pre-sentence Report presented to the court by one Monicah Rapuoda Probation Officer, Kangundo which is dated 20/03/2024 did not recommend probation. Moreover, this is not an appeal against his sentence but only an application to review the sentence in line with Section 333(2) Criminal Procedure Code which I have already allowed. The Application to be released on probation is therefore rejected.Orders accordingly.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 27TH DAY OF FEBRUARY, 2025. E. N. MAINAJUDGE27/02/2025In the presence of:Ms Nyauncho for the stateApplicant in person (online)C/A: Geoffrey