Mugambi v Director of Public Prosecutions [2024] KEHC 6169 (KLR)

Mugambi v Director of Public Prosecutions (Petition E100 of 2023) [2024] KEHC 6169 (KLR) (16 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6169 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E100 of 2023

TW Cherere, J

May 16, 2024

Between

Thomas Karani Mugambi

Applicant

and

Director Of Public Prosecutions

Respondent

Ruling

1. Applicant was charged, tried and convicted in High Court Criminal Case No. E007 of 2022 for the offence of manslaughter contrary to section 202 as read with Section 205 of the Penal Code and was 1723 sentenced to serve 10 years imprisonment.

2. Applicant seeks that the sentence be subjected to the provisions of Section 333(2) of the Criminal Procedure Code so that the time he spent in custody can be accounted for.

3. The Court of Appeal held in the case of Bethwel Wilson Kibor vs Republic [2009] eKLR that: -“By proviso to section 333(2) of the Criminal Procedure Code, where a person sentenced has been held in custody prior to such sentence, the sentence shall take into account of the period spent in custody…”

4. Applicant was arrested on 22nd February, 2022 and remained in custody throughout the trial.

5. It is therefore ordered that the 10 years imprisonment term imposed on the Applicant shall be computed from 22nd February, 2022 when he was arrested.

DELIVERED AT MERU THIS 16th DAY OF May__ 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - PresentFor the DPP - Ms.Rita Rotich ( PC-1)