Njoroge v Republic [2023] KEHC 23338 (KLR)

Njoroge v Republic (Criminal Revision E160 of 2023) [2023] KEHC 23338 (KLR) (Crim) (11 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23338 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Revision E160 of 2023

DR Kavedza, J

October 11, 2023

Between

Stephen Mwangi Njoroge

Applicant

and

Republic

Respondent

Ruling

1. The applicant filed a notice of motion dated February 3, 2023 seeking the revision of his sentence. The application is supported by his affidavit of similar date. The averments made are that he was convicted for the offence of obtaining money by false pretenses contrary to section 313 of the Penal Code. He was sentenced to serve one (1) year imprisonment in alternative to the fine imposed of Kshs 300,000.

2. He avers that during the sentencing proceedings, the trial court failed to consider the time spent in pre-trial custody. That he was only released on bond after spending eleven (11) months in remand custody. He urged the court to revise his sentence in consideration of section 333 (2) of the Criminal Procedure Code. He also sought revision of the fine imposed.

3. I have considered the application, and perused the trial court’s record. From the record, the applicant was sentenced to pay a fine of Kshs 300,000 and in default serve 12 months imprisonment. Since his sentence which was delivered on December 14, 2022, he has already spent 10 months in custody. In addition to the time spent in pre-trial custody, the sentence imposed should be computed in consideration of the time served.

4. In the circumstances, the applicant is hereby set at liberty unless otherwise lawfully held.Orders accordingly.

RULING DATED AND DELIVERED VIRTUALLY THIS 11TH DAY OF OCTOBER 2023. .......................................D. KAVEDZAJUDGE