Republic v Mai [2023] KEHC 25090 (KLR)

Republic v Mai (Miscellaneous Criminal Application E013 of 2023) [2023] KEHC 25090 (KLR) (6 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25090 (KLR)

Republic of Kenya

In the High Court at Kerugoya

Miscellaneous Criminal Application E013 of 2023

RM Mwongo, J

November 6, 2023

Between

Republic

Applicant

and

Nicasio Muriithi Mai

Respondent

Ruling

06. 11. 2023In Chambers Before R. Mwongo, J.Court Assistant: MurageCourt: 1. The Applicant, Nicasio Muriithi Mai, filed a Notice of Motion seeking that Section 333(2) of the Criminal Procedure Code be applied in that the period he spent in custody should be taken into account.

2. He asserts that he was arrested on 25. 10. 2012 and charged with murder. He was convicted on 24th July 2019 and sentenced on the same date.

3. The correct position is that he was convicted on 11th July 2019 and sentenced on 24th July 2019.

4. In her judgment upon conviction, Gitari J stated:“I sentence the Accused to serve fifteen (15) years imprisonment. This will be reduced by eight years, the period he has been in custody”.

5. As already stated, the Accused was Arrested on 25. 10. 2012, Sentenced on 24. 7.2019; going a period of 6 years and 9 months, being the period spent in custody.

6. Since the court reduced the sentence by 8 years, the court had already taken the period spent in custody into account plus a bonus of 1 year and 3 months.

7. Accordingly, the court complied with Section 333(2) and in addition favoured the Applicant by reduced sentence.

8. Accordingly, the Application for review is hereby dismissed.

9. For the avoidance of doubt, I restate the provisions of Section 165 CPC which provides that on revision, as in this case, no party has a right to be heard personally or by advocate before the High Court.

10. Application dismissed. Ruling to be served on Applicant and State.File closed.

R. MWONGO, JUDGE06. 11. 2023