Nandi v Republic [2022] KEHC 2979 (KLR) | Sentencing Review | Esheria

Nandi v Republic [2022] KEHC 2979 (KLR)

Full Case Text

Nandi v Republic (Criminal Revision E025 of 2020) [2022] KEHC 2979 (KLR) (Crim) (11 May 2022) (Ruling)

Neutral citation: [2022] KEHC 2979 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Revision E025 of 2020

LN Mutende, J

May 11, 2022

Between

Erick Nandi

Appellant

and

Republic

Respondent

Ruling

1. By a Notice of Motion dated 5th September, 2020, the Appellant, Erick Nandi seeks review of the sentence meted out by the lower court. His argument is that he was in custody for three (3) years, six (6) months prior to being convicted and sentenced.

2. Section 333 (2) of the Criminal Procedure code (CPC) provides this:Subject to the provisions of section 38 of the Penal Code(Cap. 63) 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.

3. The applicant was convicted and sentenced to serve ten (10) years imprisonment for the offence of attempted defilement. Section 9(1) as read with Section 9(2) of the Sexual Offences Act provides as follows-A person who commits an offence of attempted defilement with a child is liable upon conviction to imprisonment for a term of not less than ten years

4. In meting out the sentence the trial court considered mitigation by the applicant and time spent in custody, a duration of three (3) years, nine (9) months.

5. Time spent in custody having been taken into consideration, there is no illegality or regularity that warrants review pursuant to Section 362 of the CPC.

6. Therefore, the application lacks merit. Accordingly it is dismissed.

7. It is so ordered.

DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 11TH DAY OF MAY, 2022. L. N. MUTENDEJUDGEIn the Presence of:ApplicantMs. Gukui for ODPPCourt Assistant - Mutai