Moracha v Republic [2023] KEHC 27271 (KLR)

Moracha v Republic (Miscellaneous Criminal Application E086 of 2023) [2023] KEHC 27271 (KLR) (1 December 2023) (Ruling)

Neutral citation: [2023] KEHC 27271 (KLR)

Republic of Kenya

In the High Court at Mombasa

Miscellaneous Criminal Application E086 of 2023

A. Ong’injo, J

December 1, 2023

Between

Edward Atacha Moracha

Applicant

and

Republic

Respondent

Ruling

1. The applicant vide Notice of Motion application filed on June 12, 2023 under article 22 (1) of the Constitution and the annexed affidavit sworn by the applicant.

2. The applicant contends that he was sentenced to serve 5 years in Mombasa Chief Magistrates Court Criminal Case No. E149 of 2020 for the offence of stealing a motor vehicle contrary to section 278 A of the Penal Codeand seeks that the period spent in remand custody be considered in his sentence.

3. This court finds that the applicant was first arraigned in court on June 25, 2020 and he stayed in custody until April 6, 2023 when he was convicted and sentenced.

4. This court therefore finds that the applicant’s sentence be reduced by 2 years, 9 months and 10 days when he was in remand custody during trial in accordance with section 333(2) of the Criminal Procedure Code.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 1ST DAY OF DECEMBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel- Court AssistantMr. Ngiri for the RespondentApplicant present in personHON. LADY JUSTICE A. ONG’INJOJUDGE