Kifoto v Republic [2023] KEHC 25198 (KLR)

Kifoto v Republic (Criminal Revision E011 of 2023) [2023] KEHC 25198 (KLR) (8 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25198 (KLR)

Republic of Kenya

In the High Court at Voi

Criminal Revision E011 of 2023

GMA Dulu, J

November 8, 2023

Between

Abel Mwakio Kifoto

Applicant

and

Republic

Respondent

Ruling

1. This is a request for review of sentence by taking into account the period the convict (applicant herein) was in remand during hearing of his case before the Magistrate’s court, in accordance with the provisions of Section 333(2)(d) of the Criminal Procedure Code (Cap.75).

2. The applicant who was convicted on 31st May 2018 was sentenced to 30 years imprisonment for grievous harm contrary to Section 234 of the Penal Code.

3. The learned Assistant Director of Public Prosecutions has submitted that, if the period in custody was not factored in the sentence, then this court can review the sentence.

4. On his part, the applicant stated before this court that he was in custody during trial for 2 months and 6 days.

5. Having perused the record, I note that the applicant was treated as a first offender. Also his mitigation in which he asked for leniency and stated that he was the bread winner was taken into account before sentencing him. However, the trial court did not specifically factor in the period he was in custody in computing the prison sentence. I am thus persuaded to review the prison sentence, and note that he was in custody from 26th March 2018 upto 31st May 2018, when he was sentenced.

6. Consequently, I order that the period of 2 months and 6 days within which the applicant was in remand custody during trial, be and is hereby reduced from his prison sentence.

DATED, SIGNED AND DELIVERED THIS 8TH DAY OF NOVEMBER 2023 AT VOI IN OPEN COURT.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantThe applicantMr. Sirima for the State