Patrick Kiambi Riungu v Republic [2021] KEHC 601 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL REVISION NO E 233 OF 2021

PATRICK KIAMBI RIUNGU.......APPLICANT

VERSUS

REPUBLIC ................................RESPONDENT

RULING ON REVISION

1. Applicant who was convicted for offence of grievous harm primarily seeks revision of the sentence of 7 years imprisonment imposed by the court to take into account the period that he had spent in remand before the sentence, in accordance with Section 333(2) of the Criminal Procedure Code. The Applicant was arrested on 4/3/2018 and sentenced on 22/1/2019.

2. The DPP urges the court not to disturb the sentence as the same was appropriate in view of the status of the applicant as a repeat offender having been “convicted and sentenced in Criminal Case No. 1108 of 2016 with a similar offence of grievous harm Contrary to Section 234 of the Penal Code.

3. Despite the validity of the sentencing discretion of the trial court, the court erred in principle when it failed to comply with the mandatory provisions of Section 333(2) of the Criminal Procedure Code to take into account the period of the accused’s Pre-trial detention.

ORDERS

4. Accordingly, this court shall revise the sentence of the trial court to the extent  that sentence of imprisonment for 7 years shall commence on 4/3/2018 when the accused was first arrested and detained to await  his trial, having not been released on bail throughout his trial.

Order accordingly.

DATED AND DELIVERED THIS 15TH DAY OF DECEMBER, 2021

EDWARD M. MURIITHI

JUDGE

Appearances:-

Applicant in person

Ms. Nandwa, Prosecution Counsel for DPP.