M’Njira v Republic [2022] KEHC 15793 (KLR)

M’Njira v Republic (Petition E012 of 2022) [2022] KEHC 15793 (KLR) (1 December 2022) (Ruling)

Neutral citation: [2022] KEHC 15793 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E012 of 2022

TW Cherere, J

December 1, 2022

Between

Richard Kirima M’Njira

Petitioner

and

Republic

Respondent

Ruling

1. Richard Kirima M’njira (“the petitioner”) was charged with the offence of defilement contrary to Section 8 (1) as read with section 8 (3) of the Sexual Offences Act. He was found guilty of the offence before the trial court and sentenced to twenty (20) years imprisonment.

2. His appeal Meru CR. Appeal No. 69 of 2018 was dismissed and he did not appeal to the Court of Appeal. At the appeal, he did not raise the issue concerning the time he spent custody. The State through Ms. Mwaniki (PPC) opposed the application on the ground that Petitioner has not appealed to the Court of Appeal.

3. Section 333(2) of the Criminal Procedure Code provides that:(2)Subject to the provisions of section 38 of the Penal Code every sentence shall be deemed to commence from, and to include the whole of the day of, the date on which it was pronounced, except where otherwise provided in this Code.Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.

4. Petitioner was in custody throughout the trial. Whereas the court file does not contain details of when Petitioner was arrested, it reveals he was first presented in court on 09th January, 2015.

5. It is therefore ordered that the 20-year sentence imposed on the Petitioner shall commence from 09th January, 2015.

DELIVERED AT MERU THIS 01ST DAY OF DECEMBER 2022. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms. Mwaniki (PPC)