Mutugi v Director of Public Prosecutions [2024] KEHC 3346 (KLR)

Mutugi v Director of Public Prosecutions (Petition E112 of 2024) [2024] KEHC 3346 (KLR) (14 March 2024) (Judgment)

Neutral citation: [2024] KEHC 3346 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E112 of 2024

TW Cherere, J

March 14, 2024

Between

Martin Mutugi

Petitioner

and

Director Of Public Prosecutions

Respondent

Judgment

1. Applicant was charged, tried and convicted in MERU MCCR. NO. E288 OF 2021 in five counts namely:1. Obtaining money by false pretences contrary to section 313 of the Penal Code2. Two counts of uttering a false document contrary to section 353 of the Penal Code3. Personation contrary to section 382 of the Penal Code4. Conspiracy to defraud contrary to section 317 of the Penal Code

2. Appellant was on 21st March, 2023 sentenced to serve 2 years in each count which sentences were ordered to run concurrently.

3. Applicant seeks that the sentences 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.

4. 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. ……..”

5. Applicant was arrested on 07th July, 2021 and remained in custody throughout the trial. The trial court that sentenced the Applicant failed to take into account the period that the Applicant had been in custody.

6. It is therefore ordered that the term of 2 years imposed on the Applicant in each count shall run be computed from 07th July, 2021 when he was arrested.

DELIVERED AT MERU THIS 14TH __ DAY OFMARCH__ 2024WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - PresentFor the DPP - Ms.Rita Rotich ( PC-1)Page 2 of 2