Kisima v Republic [2023] KEHC 25700 (KLR)

Kisima v Republic (Miscellaneous Criminal Application E058 of 2022) [2023] KEHC 25700 (KLR) (21 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25700 (KLR)

Republic of Kenya

In the High Court at Voi

Miscellaneous Criminal Application E058 of 2022

GMA Dulu, J

November 21, 2023

Between

Jackson Ndegwa Kisima

Appellant

and

Republic

Respondent

Ruling

1. Before me is Petition and Chamber Summons filed by Jackson Ndegwa Kisima. In the Chamber Summons, the convict refers to Section 333(2) of the Criminal Procedure Code (Cap.75), wherein the court is required to factor the period the convict was in remand custody during trial in the subsequent prison sentence.

2. In the supporting affidavit, sworn on 8th February 2022 the convict deponed that he was arrested on 27th May 2019 and was convicted of manslaughter on 23rd March 2021.

3. He asked in the affidavit that the period he was in remand custody be reduced from his sentence of fifteen (15) years imprisonment.

4. I was also provided with the trial court file which was Voi High Court Criminal Case No. 5 of 2019, wherein the convict pleaded guilty to manslaughter, and the learned Judge A. Ong’injo delivered a ruling on sentence on 19th November 2021.

5. The Director of Public Prosecutions has submitted that the request of the convict herein for review of sentence is unmerited.

6. I note that in the above detailed sentence ruling, the trial Judge stated specifically that the prison sentence will take effect on 29th May 2019 when the convict was arraigned in court.

7. I thus find no merits in the application for review of sentence. I dismiss the request.

DATED, SIGNED AND DELIVERED THIS 21ST DAY OF NOVEMBER, 2023 AT VOi.GEORGE DULUJUDGEIn the presence of:-Alfred – Court AssistantMr. Sirima for StateAppellant