Mutua v Republic [2022] KEHC 13837 (KLR)

Mutua v Republic (Petition E017 of 2020) [2022] KEHC 13837 (KLR) (13 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13837 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E017 of 2020

TW Cherere, J

October 13, 2022

Between

Alex Kyalo Mutua

Petitioner

and

Republic

Respondent

Ruling

1. Alex Kyalo Mutua (“the petitioner”) was charged with the offence of defilement contrary to section 8 (1) as read with section 8 (2) of the Sexual Offences Act. He was found guilty of the offence before the trial court and sentenced to twenty (20) years imprisonment.

2. He appealed against the aforesaid decision in Meru Criminal Appeal No 160 of 2017 which appeal was dismissed.

3. His petition for resentence in Meru Petition No 2 of 2020 was subsequently dismissed on July 30, 2020.

4. At the hearing of the petition on September 22, 2022, petitioner informed the court that he only wished to pursue one ground that the time he spent in custody be taken into consideration. The state through Ms Mwaniki (PPC) did not oppose the appeal.

5. 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.

6. Petitioner was in custody throughout the trial having been arrested on December 31, 2016 and remained in custody throughout the trial.

7. It is therefore ordered that the 20-year sentence imposed on the petitioner shall commence from December 31, 2016 when he was arrested.

DELIVERED AT MERU THIS 13TH DAY OF OCTOBER 2022WAMAE T W CHEREREJUDGEAppearancesCourt Assistant - KinotiPetitioner - Present in personFor the State - Ms Mwaniki (PPC)