Ntoribi v Director of Public Prosecutions [2024] KEHC 5546 (KLR)

Ntoribi v Director of Public Prosecutions (Petition E237 of 2023) [2024] KEHC 5546 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 5546 (KLR)

Republic of Kenya

In the High Court at Meru

Petition E237 of 2023

TW Cherere, J

April 25, 2024

Between

Erick Mwenda Ntoribi

Applicant

and

Director Of Public Prosecutions

Respondent

Ruling

1. Applicant was charged, tried and convicted in Tigania Criminal Case No. 825 of2015 for the offence of defilement contrary to section 8(1) as read with Section 8(3) of the Sexual Offences Act and was on 12th June, 2017 sentenced to serve 20 years imprisonment.

2. His appeal vide Meru Criminal Appeal No. 143 of2017 was dismissed. Applicant did not appeal to the Court of Appeal.

3. 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.

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 26th May, 2015 and remained in custody throughout the trial.

6. It is therefore ordered that the 20 years imprisonment term imposed on the Applicant shall be computed from 26th May, 2015 when he was arrested.

DELIVERED AT MERU THIS 25TH DAY OF APRIL 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneApplicant - PresentFor Applicant - Mr. Muriuki for Mbogo & Muriuki & Co.AdvocatesFor the DPP - Ms.Rita Rotich ( PC-1)